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 March 23, :30 P.M. A. Call to Order, Mayor Len Pagano B. Roll Call C. Opening Ceremonies 1. Invocation 2. Pledge of Allegiance 3. Proclamation: Congenital Diaphragmatic Hernia Awareness Month D. Approval of Minutes: The Board of Aldermen Work Session meeting of March 9, 2017; and the Regular Board of Aldermen meeting of March 9, E. Reports of Officers, Boards and Commissions 1. Mayoral Report of Appointments to Boards and Commissions 2. City Administrator s Report: a Police Department Annual Report 3. Report of Director, Planning, Community and Economic Development: a. Petition SUP Sprint Spectrum LP Powers b. Chapter 405 Zoning Changes - Powers 4. St. Peters Business Spotlight: None F. Open Forum 1. Citizens Petitions and Comments 2. Communications from the Elected Officials 3. Announcements

2 G. Public Hearings: None H. Unfinished Business Items: None I. New Business Items: 1. Bill No : Bill 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 (Sprint Spectrum LP) and adopting the Findings of Fact and Conclusions of Law with respect thereto 2. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into a contract with Cathy McDaniel Trucking, LLC, for 2017 General Hauling Services for the City of St. Peters on an as-needed basis 3. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into a contract with America s Parking Remarking, Incorporated for the 2017 Pavement Marking Program 4. Bill No : Bill amending or repealing certain sections and enacting new sections of the Municipal Code of the City of St. Peters, Title IV: Land Use dealing with the establishment of zoning and regulating land use in the City limits of the City of St. Peters, Missouri and providing for the establishment of regulations for land subdivision in the limits of the City of St. Peters, Missouri 5. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to execute an amendment to agreement for Engineering Services with Horner and Shifrin for the Mid Rivers Mall Drive Corridor Improvements Project 6. Bill No : Bill authorizing the Mayor of the City of St. Peters, Missouri, to execute an Intergovernmental Cooperation and Development Agreement between the Lakeside 370 Levee District and the City of St. Peters, Missouri for development of a portion of Lakeside 370 Levee District-Subdistrict B 7. Bill No : Bill authorizing the Mayor of the City of St. Peters, Missouri, to execute a Certain Road Relinquishment Agreement between St. Charles County, Missouri and the City of St. Peters, Missouri for the exchange of certain road rights-of-way 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: March 20, 2017 at 9:00 a.m. By: P. Smith, City Clerk Next Regular Board of Aldermen Meeting: April 13, 2017

3 CITY OF ST. PETERS BOARD OF ALDERMEN WORK SESSION MINUTES March 9, 2017 BOARD OF ALDERMEN ITEMS FOR DISCUSSION The Work Session was called to order at approximately 5:00 p.m. on Thursday, March 9, 2017 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; Alderman Aytes; Alderman Barclay; Alderman Bateman; Board President Reitmeyer; Alderman Shea; Alderman Thomas; Russ Batzel, City Administrator; Special Counsel Randy Weber; Jeff Finkelstein, Police Chief; Cathy Pratt, Staff Support Services Manager; Burt Benesek, Transportation and Development Services Manager; Bill Malach, Water Environment Services Manager; Rick Oloteo, Recreation and Cultural Services Manager; Jeff Hutsler, Parks and Golf Services Manager; Dave Kuppler, Health and Environmental Services Manager; Patty Smith, City Clerk. Aldermen Hollingsworth and Violet were absent. COMMUNICATIONS FROM BOARD MEMBERS/ALDERMANIC REPRESENTATIVES Committee reports were given during this time. After Alderman Thomas update on the Health and Wellness Committee, Alderman Bateman spoke about the desire to have more Wellness Committee forums or programs available to the public via the internet. There was a discussion among the Board to broadcast the Let s Talk events in the future so people who can t make the meeting can watch later. Alderman Thomas suggested this should be discussed during budget meetings that are currently occurring. BOARD OF ALDERMEN ITEMS FOR DISCUSSION No items MAYOR/CITY ADMINISTRATOR ITEMS NEW BUSINESS ITEMS Alderman Reitmeyer moved and Alderman Shea seconded the motion to remove 2017 Pavement Marking Program Contract from the agenda for discussion. The motion was approved PAVEMENT MARKING PROGRAM CONTRACT BENESEK Mr. Benesek explained that on February 28, 2017, the City received two (2) bids for the 2017 Pavement Marking Program. Staff is recommending awarding the bid to America s Parking Remarking, Incorporated of St. Louis, Missouri who submitted the lowest responsive bid of $197,793.00; which is approximately.45% lower than the second lowest bid received. This project consists of the placement of long line and intersection painting pavement markings

4 City of St. Peters: Board of Aldermen Work Session Minutes March 9, 2017 Page 2 of 3 throughout the City. Alderman Shea moved and Alderman Reitmeyer seconded the motion to place this item on the March 23, 2017 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the March 23, 2017 Board of Aldermen meeting agenda for consideration. Alderman Shea moved and Alderman Reitmeyer seconded the motion to remove 2017 General Hauling Services Purchase Order from the agenda for discussion. The motion was approved GENERAL HAULING SERVICES PURCHASE ORDER BENESEK Mr. Benesek explained that on February 16, 2017, the City received two (2) bids for the 2017 General Hauling Services. Staff is recommending awarding the blanket purchase order of $376,000 to Cathy McDaniel Trucking, LLC of Villa Ridge, Missouri who submitted the lowest responsive bid of $79.00 per hour per truck, which is approximately 1.3% lower than the second lowest bid received. This is a truck hauling service that is primarily used by the street department to perform asphalt resurfacing operations but also services to support street, utility, and park maintenance operations. Alderman Shea moved and Alderman Reitmeyer seconded the motion to place this item on the March 23, 2017 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the March 23, 2017 Board of Aldermen meeting agenda for consideration. Alderman Shea moved and Alderman Barclay seconded the motion to remove Mid Rivers Mall Drive Corridor Design Contract Amendment from the agenda for discussion. The motion was approved. MID RIVERS MALL DRIVE CORRIDOR DESIGN CONTRACT AMENDMENT BENESEK Mr. Benesek advised staff is recommending approval of an amendment to the agreement with Horner and Shifrin to perform additional engineering services for the Mid Rivers Mall Drive Corridor Improvements Project in the amount of $35,047. The additional work includes additional field investigations, inspections, and revisions to the project plans and specifications to address comments from the Army Corps of Engineers. This project is eligible for 80% reimbursement with the City s cost of $7,010. Alderman Reitmeyer moved and Alderman Shea seconded the motion to place this item on the March 23, 2017 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the March 23, 2017 Board of Aldermen meeting agenda for consideration. Alderman Shea moved and Alderman Reitmeyer 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 March 9, Alderman Reitmeyer moved and Alderman Barclay seconded the motion to accept the City Clerk s report regarding the Destruction of Record forms that are

5 City of St. Peters: Board of Aldermen Work Session Minutes March 9, 2017 Page 3 of 3 provided in the Work Session packet and to be entered into the March 9, 2017 minutes of the Board of Aldermen. The motion was approved. No further Board of Aldermen action is required on this item. Alderman Shea moved and Alderman Barclay seconded the motion to remove Draft Ordinance Tanglewood Condemnation from the agenda for discussion. The motion was approved. DRAFT ORDINANCE TANGLEWOOD CONDEMNATION BATZEL Mr. Batzel advised that this draft ordinance is to acquire portions of the Tanglewood Association common ground right of way adjacent to the Jungermann Road Bridge Replacement Project and Stormwater Channel Improvements. Alderman Shea and Thomas commented that this is a project that is well received by area residents and the Homeowners Association. This is business item I-05 on this evening s Board of Aldermen meeting agenda for consideration. MISCELLANEOUS UPDATES BATZEL None BOARD MEETING AGENDA ITEM REVISIONS BATZEL There were no agenda revisions. 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 Shea 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 5:29 p.m. Roll Call was taken as follows: Alderman Aytes: Yes; Alderman Bateman: Yes; Alderman Thomas: Yes; Alderman Barclay: Yes; Alderman Shea: Yes; Alderman Reitmeyer: Yes. ADJOURNMENT OF THE EXECUTIVE SESSION AND THE WORK SESSION Alderman Barclay moved and Alderman Thomas seconded the motion to adjourn the Executive Session and the Work Session meetings. The motion carried and the Executive Session and the Work Session adjourned at approximately 5:55 p.m. with roll call shown as follows: President of the Board of Aldermen, Alderman Reitmeyer, yes; Alderman Bateman, yes; Alderman Hollingsworth, absent; Alderman Thomas, yes; Alderman Barclay, yes; Alderman Violet, absent; Alderman Shea, yes; Alderman Aytes, yes. Submitted by, Patricia E. Smith City Clerk

6 CITY OF ST. PETERS CITY HALL BOARD OF ALDERMEN MINUTES MARCH 9, 2017 CALL TO ORDER Mayor Pagano called the Board of Aldermen meeting to order at approximately 6:30 p.m. on March 9, 2017, 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; Alderman Barclay; Alderman Bateman; Board President Reitmeyer; Alderman Shea; Alderman Thomas; Russ Batzel, City Administrator; Randy Weber, Special Counsel; Chief Finkelstein; Patty Smith, City Clerk. Aldermen Hollingsworth and Violet were absent. Pastor Steve Koeneman delivered the Invocation. Mayor Pagano led the Pledge of Allegiance. APPROVAL OF MINUTES: THE BOARD OF ALDERMEN WORK SESSION MEETING OF FEBRUARY 23, 2017; AND THE REGULAR BOARD OF ALDERMEN MEETING OF FEBRUARY 23, 2017 Alderman Thomas moved and Alderman Reitmeyer seconded the motion to approve the Board of Aldermen Work Session meeting minutes of February 23, 2017 and the Regular Board of Aldermen meeting minutes of February 23, Motion carried and the minutes approved. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MAYORAL REPORT OF APPOINTMENTS TO BOARDS AND COMMISSIONS None CITY ADMINISTRATOR S REPORT 2016 CUSTOMER SERVICE REPORT/2016 CONCERN REPORT - HECKART Amy Heckert, Director of Human Resources and Community Services, spoke about the results of the City s 2016 Customer Service report and Concern report. Ms. Heckart explained how the report is compiled and stated that the City received an overall score of of 98% satisfaction from residents. Copies of the reports were included in the packet and gave an overview slideshow presentation. This is the 13th consecutive year the City has achieved this outstanding level of service rating. Ms. Heckart advised that 32 individual City departments were surveyed within six (6) City groups. She stated that 60% of those received a rating of 98% or higher. Only 6% of all departments and programs surveyed had a service rating below 90%, those areas will be required to complete a service improvement action plan in order to bring those scores up. Ms. Heckart, also gave a slideshow presentation on the 2016 Concern Report and explained the methodology of the Concern System process. In 2016, there were a total of 3,998 concerns received, which is a decrease of 602 concerns from the previous year. Ms. Heckart advised that 99% of concerns were responded to within a 72-hour timeframe. She further explained the breakdown of concern total by ward and concern types.

7 Board of Aldermen Minutes: City of St. Peters March 9, 2017 Page 2 of 5 REPORT OF DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT PETITION SPECIAL USE PERMIT - HIE OF ST. PETERS, LLC CONSIDER ADOPTION OF FINDINGS AND FACT AND CONCLUSIONS OF LAW FOR SPECIAL USE PERMIT Ms. Julie Powers, Director of Planning, reported they received a letter of withdrawal request for this petition that was presented to the City Clerk and provided copies for the Board prior to the meeting. Alderman Barclay moved and Alderman Shea seconded the motion to table this item indefinitely. ST. PETERS BUSINESS SPOTLIGHT None OPEN FORUM CITIZENS PETITIONS AND COMMENTS Mayor Pagano called the following individuals to come forward to speak who completed public comment cards: Leslie Roseland, resident of 1818 Sterling Oaks Drive spoke regarding a safety concern in Ohmes Farms; which has one point of entry and exit. She is requesting a stop sign at the intersection of Crimson Hills and Sterling Oaks Drive due to the high traffic and speeding in that area. The following residents spoke in opposition of the proposed Petition for the HIE, which was withdrawn by the applicant earlier in the meeting: Jason Foshe, resident of 1 Richmond Center Blvd who opposed Petition Chris Gaines, resident of 3 Thompson Station Court who opposed Petition Mark Sawyer, resident of 2 Mossy Creek Court who opposed Petition Janice Duffner, resident of 1 Fishers Hill Drive who opposed Petition Chris Meyer, resident of 7 Richmond Center Blvd who opposed Petition Brynn Palmer, resident of 5 Thompson Station Court who opposed Petition Steve Marshall, resident of 39 Boschert Creek Drive who opposed Petition 17-01, submitted a public comment card but did not speak during the meeting. Alderman Bateman asked Burt Benesek to explain the process for getting a stop sign or temporary stop sign placed in Ohmes Farms in response to Ms. Roseland s request. Mr. Benesek advised a traffic study will be completed and will work around the school district s spring break. Alderman Thomas thanked the residents for attending the meeting and read the last paragraph of the withdrawal letter from HIE. COMMUNICATIONS FROM THE ELECTED OFFICIALS Elected Officials made comments during this time. ANNOUNCEMENTS None

8 Board of Aldermen Minutes: City of St. Peters March 9, 2017 Page 3 of 5 PUBLIC HEARINGS None UNFINISHED BUSINESS ITEMS: None NEW BUSINESS ITEMS: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6714: AN ORDINANCE APPROVING A RECORD PLAT WITHIN THE CITY OF ST. PETERS, MISSOURI, FOR THE PURPOSE OF RECORDING IN ST. CHARLES COUNTY, MISSOURI (THE CROSSING AT BELLA VISTA) Alderman Reitmeyer moved and Alderman Shea seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Shea seconded the motion to read Bill No for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Shea moved and Alderman Barclay seconded the motion to read the Bill for the second time. The motion carried and Alderman Shea read the Bill. Alderman Reitmeyer moved and Alderman Barclay seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Absent Shea: Yes Violet: Absent Aytes: Yes Barclay: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6715: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO EXECUTE AN AGREEMENT WITH NB WEST CONTRACTING COMPANY FOR CONSTRUCTION OF MID RIVERS MALL DRIVE LANE WIDENING IMPROVEMENT PROJECT Alderman Reitmeyer moved and Alderman Shea seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Shea seconded the motion to read Bill No for the first time. The motion carried and Alderman Barclay read the Bill. Alderman Reitmeyer moved and Alderman Shea seconded the motion to read the Bill for the second time. The motion carried and Alderman Thomas read the Bill. Alderman Barclay moved and Alderman Shea seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Absent Shea: Yes Violet: Absent Aytes: Yes Barclay: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6716: AN ORDINANCE PROVIDING FOR AND AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI TO AMEND AN AGREEMENT WITH ST. CHARLES COUNTY, MISSOURI, FOR USE OF SAINT CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS FOR TRAFFIC FLOW IMPROVEMENTS ON MID RIVERS MALL DRIVE BETWEEN MCMENAMY ROAD AND MID RIVERS MALL ENTRANCE

9 Board of Aldermen Minutes: City of St. Peters March 9, 2017 Page 4 of 5 Alderman Reitmeyer moved and Alderman Barclay seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Barclay seconded the motion to read Bill No for the first time. The motion carried and Alderman Bateman 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 Aytes read the Bill. Alderman Shea moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Absent Shea: Yes Violet: Absent Aytes: Yes Barclay: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6717: AN ORDINANCE PROVIDING FOR AND AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI TO AMEND AN AGREEMENT WITH ST. CHARLES COUNTY, MISSOURI, FOR USE OF SAINT CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS FOR TRAFFIC FLOW IMPROVEMENTS ON MID RIVERS MALL DRIVE Alderman Reitmeyer moved and Alderman Shea seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Shea seconded the motion to read Bill No for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Bateman moved and Alderman Shea seconded the motion to read the Bill for the second time. The motion carried and Alderman Shea 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 Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Absent Shea: Yes Violet: Absent Aytes: Yes Barclay: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6718: AN ORDINANCE OF THE CITY OF ST. PETERS, MISSOURI, AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR AND/OR SPECIAL COUNSEL OF THE CITY TO ACQUIRE CERTAIN REAL ESTATE BY NEGOTIATION AND/OR EMINENT DOMAIN FOR ESTABLISHING, OPENING, WIDENING, EXTENDING OR ALTERING JUNGERMANN ROAD, THE TANGLEWOOD STREAM CHANNEL, FOR STORMWATER DETENTION IMPROVEMENTS, AND FOR OTHER RELATED PUBLIC USES Alderman Barclay moved and Alderman Shea seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Shea seconded the motion to read Bill No for the first time. The motion carried and Alderman Barclay 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 Thomas read the Bill. Alderman Bateman moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Absent Shea: Yes Violet: Absent Aytes: Yes Barclay: Yes

10 Board of Aldermen Minutes: City of St. Peters March 9, 2017 Page 5 of 5 AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 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 Reitmeyer moved and Alderman Shea seconded the motion to adjourn the Regular Board of Aldermen meeting. Motion approved and the Regular Board of Aldermen meeting adjourned at approximately 7:28 p.m. Respectfully submitted, Patricia E. Smith City Clerk

11 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, March 1, 2017 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Drive and Grand Teton Drive. The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance the rezoning as described below or an alternate zoning category. 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 Sprint Spectrum L.P. is requesting an amended Special Use Permit in the C-2 Community Commercial District for a 1.6 +/- acre parcel. The subject site is on the south side Mexico Road, east of Birdie Hills Road. Proposed Use: Wireless facility and a wireless support structure. LOCATION MAP Birdie Hills Road Mexico Road Site N.T.S. North LEGAL DESCRIPTION A legal description of the subject property is on file at the City of St. Peters Planning Department.

12 E-03b NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of St. Peters will hold a public hearing at 6:30 p.m. on Wednesday, March 1, 2017 at the St. Peters Justice Center to discuss proposed changes to the Zoning and Subdivision Regulations (Chapter 405 of the Municipal Code) for the City of St. Peters. The proposed changes refer to, but are not limited to, fitness centers, land use review committee, fences, and accessory structures. The Justice Center is located at 1020 Grand Teton Drive. All interested citizens will have the opportunity to give written and oral comment. Please contact , ext or , ext 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

13 BILL NO I-01 ORDINANCE NO. 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 (SPRINT SPECTRUM LP) AND ADOPTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT THERETO WHEREAS, by Petition to the Board of Aldermen, a special use permit was requested in the C-2 Community Commercial District to permit a wireless facility and wireless support structure; 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 Sprint Spectrum LP, to permit a wireless facility and wireless support structure LEGAL DESCRIPTION That part of the southwest quarter of Section 35, Township 47 North, Range 3 East described as follows: Commencing at an iron pipe found in the south right-of-way line of Mexico Road, 360 feet East of the centerline of Birdie Hills Road; thence South 01 Degrees 38 Minutes 04 Seconds West feet to an iron rod set, this being the northeast corner of the lease area and the point of beginning; thence South 01 Degrees 38 Minutes 04 Seconds West,

14 50.00 feet to an iron pipe found; thence North 87 Degrees, 00 Minutes 50 Seconds West, feet to an iron rod set; thence North 01 Degrees 38 Minutes 04 Seconds East, feet to an iron rod set; thence South 87 Degrees 00 Minutes 50 Seconds East, Feet to the point of beginning, containing 2500 square feet, more or less, situates in St. Charles County, Missouri and states it will not adversely affect the character or the traffic conditions of the surrounding area, nor adversely affect the public utility facilities, that this Special Use complies with the Comprehensive Plan of the City and with other matters pertaining to the general welfare of its residents. SECTION 2. The Board of Aldermen of the City of St. Peters, Missouri, does hereby authorize the requested special use by Sprint Spectrum LP, in the C-2 Community Commercial District to permit a wireless facility and wireless support structure 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.

15 Read two times, passed, and approved this 23 rd day of March, As Presiding Officer and as Mayor Len Pagano, Mayor Attest: Scott Baumgartner, Deputy City Clerk Approved this 23rd day of March, Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

16 BEFORE THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI ) ) ) In re: Application for Special Use ) Permit -- ) ) Application No Sprint Spectrum LP ) Applicant ) FINDINGS OF FACT AND CONCLUSION OF LAW INTRODUCTION On February 3, 2017 pursuant to the requirements of Section of the Code of the City of St. Peters, Missouri (the City Code ), Sprint Spectrum, LP (the Applicant ) submitted to the City of St. Peters, Missouri (the City ), Application No for a Special Use Permit requesting a permit a substantial modification of a wireless support structure and to use a certain portion of property within the C-2 Community Commercial District for a wireless facility (the Application ), which property is generally located on the south side of Mexico Road, east of Birdie Hills Road ( the Property ). Specifically, the Applicant requested the following use: DRAFT telecommunications facility Pursuant to the Application and the requirements of the Section C of the City Code, a hearing was conducted before the Board of Alderman on March 23, 2017, a copy of the video recording of which is available in the office of the City Clerk and is incorporated by reference herein (the Hearing ). At such Hearing all persons-in-interest and other citizens were given an opportunity to be heard regarding the proposed Special Use Permit. The Board of Aldermen makes its findings based upon the following: A. The Application submitted by the applicant on February 3, 2017 a copy of which is attached hereto as Exhibit F and incorporated by reference herein; 1

17 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 Wireless Support Structure and Compound Design, a copy of which is attached hereto as Exhibit C and incorporated by reference herein; E. The City Code, a copy of which is on file in the office of the City Clerk, and incorporated as though fully set forth herein; F. The City s Comprehensive Plan, a copy of which is available in the office of the City Clerk and incorporated by reference herein; G. The Zoning Map of the City, a copy of which is available in the office of the City Clerk and incorporated by reference herein; H. The Report of the Director of Planning, Community and Economic Development, a copy of which is attached hereto as Exhibit D and incorporated by reference herein; and I. The Recommendation of Planning and Zoning Commission, a copy of which is attached hereto as Exhibit E and incorporated by reference herein. FINDINGS OF FACT A. The Property is owned by James Crum (the Owner ). B. USCOC of Greater Missouri, LLC is the lessee of a portion of the Property more particularly described on Exhibit A, attached hereto and incorporated by referenced herein (the Premises ). DRAFT C. VB-SI Assets, LLC is the sub-lessee of the Premises. D. The Property is located in the C-2 Community Commercial District. E. The Property is currently being used as a retail center that includes a strip center, a produce stand, a car wash, a storage lot and a day care building. F. Section (D)(7) of the City Code provides that Special Uses within the C-2 Community Commercial District include Wireless facilities, wireless support structures or camouflaged wireless support structures. A wireless facility, wireless support structure, or camouflaged wireless support structure must be on a property that is developed with a non-residential use ). G. Section (A) of the City Code provides that Notwithstanding the provisions 2

18 of Section to the contrary, an application for a special use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, shall be subject to the provisions of this Section. Section of the City Code defines a Substantial Modification to include: The mounting of a proposed wireless facility on a wireless support structure which, as applied to the structure as it was originally constructed: 1. Increases the existing vertical height of the structure by: a. More than ten percent (10%); or b. The height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or 2. Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty (20) feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable); 3. Involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four (4) new equipment cabinets; or 4. Increases the square footage of the existing equipment compound by more than one thousand two hundred fifty (1,250) square feet. H. A wireless support structure is currently located on the Premises (the Wireless Support Structure ), and such Wireless Support Structure is a monopole design and is a camouflage wireless support structure. I. The Wireless Support Structure and Equipment Compound Design evidences that the wireless facility to be installed on the Wireless Support Structure includes three new panel antennas and three radios that protrude horizontally from the edge of the Wireless Support Structure more than the width of the wireless support structure at the level of such antennas and radios. CONCLUSIONS OF LAW DRAFT At a public meeting held on March 23, 206, 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 3

19 respective thoughts concerning the Application, a motion was made to approve the Application, with details of the motion, seconding of the motion, and vote of the Board members set forth in the approved minutes of the Board of Aldermen from the meeting. The vote of the Board was ( ) in the affirmative, ( ) in the negative, and ( ) member(s) absent. The motion passed and the Application was approved. Pursuant to the foregoing vote, the Board of Aldermen makes the following conclusions of law: A. The proposed Special Use complies with all applicable provisions of the City Code, including intensity of use regulations, setback regulations and use limitations. B. The proposed Special Use of the Property will contribute to and promote the general, welfare, health, safety and convenience of the public. C. The Application and the proposed Special Use meet the requirements of Sections and D. No evidence was presented as to whether denial of the special use permit will prohibit or have the effect of prohibiting the provision of personal wireless services under 47 U.S.C. 332(C)(7)(B)(i)(II), but the existence of the Wireless Support Structure on the Premises makes a finding on this matter unnecessary.. E. The proposed 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. Based on all of the circumstances, including the Application and the evidence presented to the Board of Aldermen, the Special Use Permit requested pursuant to the Application shall be, and hereby is GRANTED subject to the following terms and conditions: A. Uses: This Special Use Permit shall authorize the substantial modification of the Wireless Support Structure as depicted on the Site Plan and the Wireless Support Structure and Compound Design and use of the Premises for a Wireless Support Structure. Any modifications to the Premises shall be subject to prior approval pursuant to Section of the City Code with any substantial modifications being subject to prior approval pursuant to of the City Code. B. General Requirements: DRAFT 1. The Wireless Support Structure shall not exceed one hundred and twenty (120) feet in height from grade. 2. All equipment, except equipment shelters and the wireless support structure, shall be completely screened from view by a vinyl or masonry fence enclosure as shown on Exhibit C. 4

20 3. The site improvements for the Property, including the Premises, shall include a sight proof fence around the entire site, except where otherwise designated on Exhibit B, and a paved approach and grass area outside the gate area as designated on Exhibit B. A paved road extending twenty (20) feet past the gate shall be installed within the fenced area. The fencing and paving shall be installed prior to issuance of a business license for the tower. 4. The Wireless Support Structure shall be designed to comply with the City s requirements of Section of the City Code for collocation. 5. The access drive shall be paved prior to operation of the Wireless Support Structure. 6. The configuration of the Premises shall be shall be as substantially shown on Exhibit B. Any minor modifications to the site design shall be as approved by the Planning Department. Any substantive changes to the approved site configuration shall first be approved by the Planning and Zoning Commission. 7. The design of the Wireless Support Structure and equipment compound shall be as substantially shown on Exhibit C. Any minor modifications to the wireless support structure shall require a wireless facilities permit pursuant to Section of the City Code. Any substantial modifications to the approved Wireless Support Structure, base station and equipment compound shall obtain approvals pursuant to the procedures set forth in Section of the City Code.. A. If any provision of this Special Use 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. B. 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: DRAFT 1. a building permit is obtained and the erection or alteration of the real property and related structures is commenced, or the herein permitted use of the Premises is lawfully commenced; or 2. the Board of Aldermen, upon written request of the Owner, grants an extension not exceeding one hundred and eighty (180) days, without notice of hearing. C. The terms and conditions herein set forth shall be deemed to be covenants running with the Property. D. The Owner shall comply with all other requirements of the City's Zoning and Subdivision Regulations, including but not limited to parking and signage requirements, and any other city, state, or federal regulations that are applicable unless otherwise stated herein. 5

21 IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day of, CITY OF ST. PETERS, MISSOURI SEAL Attest: Patricia E. Smith, City Clerk By Len Pagano, Mayor DRAFT 6

22 STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of, 2017, before me appeared LEN PAGANO, to me personally known, who, being by me duly sworn, did say the he is the Mayor of the CITY OF ST. PETERS, MISSOURI, a municipal corporation, that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed in behalf of said City, by authority of its Board of Aldermen; and, said LEN PAGANO acknowledged said instrument to be free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year first above written. My Commission Expires: Notary Public DRAFT 7

23 APPLICANT/ SPRINT SPECTRUM L.P. By: Mike Moore STATE OF MISSOURI ) ) SS. COUNTY OF ) On this day of, 2017, before me appeared MIKE MOORE who, being by me duly sworn did say that he is a Manager of Sprint Spectrum LP, a Kansas limited liability company, and that said instrument was signed and sealed in behalf of said limited liability company by authority of its members; and said Manager acknowledged said instrument to be the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State the day and year first above written. My Commission Expires: Notary Public DRAFT 8

24 OWNER/ JAMES CRUM By: James Crum STATE OF MISSOURI ) ) SS. COUNTY OF ) On this day of, 2017, before me, personally appeared JAMES CRUM, known to me to be the person who executed the foregoing instrument, and acknowledged to me that he executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State the day and year first above written. My Commission Expires: Notary Public DRAFT 9

25 EXHIBIT A Legal Description DRAFT A-1

26 EXHIBIT B Site Plan DRAFT B-1

27 EXHIBIT C Wireless Support Structure and Equipment Compound Design DRAFT C-1

28 EXHIBIT D Report of the Director of Planning, Community and Economic Development Name/Location of Development: a. Petition Sprint Spectrum LP: A request for an amended Special Use Permit in the C-2 Community Commercial District for a 1.6 +/- acre parcel. The subject site is located on the south side of Mexico Road, east of Birdie Hills Road. Proposed Use: wireless facility and wireless support structure. (Ward 1) Staff Evaluation: The subject site is located at the southeast corner of Mexico Road and Birdie Hills Road - an established retail area that includes a small strip center, a produce stand, a car wash, a storage lot, and a day care building. Across Mexico Road is additional commercial development including McDonalds; to the west and northwest are service station/convenience stores. This commercial quadrant is all zoned commercially, either in the City or unincorporated St. Charles County. To the east of the site is a senior living development, Wyndham Park, which is under construction. Further to the south are single-family homes in unincorporated St. Charles County. The existing tower was originally approved in 2007 as a stealth tower now referred to as a camouflaged wireless support structure. At that time, the approval was for a stealth tower; specifically, a flagpole. As noted above, the area is substantially commercially developed. Staff notes that another stealth tower exists in this area on the car wash property. The applicant is currently requesting an amendment to the special use permit to allow a wireless facility with antenna on the outside. Specifically, Sprint wants to place three panel antennas and three radios on the outside of the existing stealth pole - the antennas would be placed at seventy-nine feet. DRAFT Staff notes that the stealth flagpole has operated in the area without any complaints or issues. Subsequent to the installation of the tower, the code was modified to reflect changes in state statutes related to wireless communications services. As a result, the current tower is now considered a wireless support structure with wireless facilities. Substantial modification of wireless support structures requires a special use permit. Noting the commercial nature of the area, staff is of the opinion the proposed modified tower could be operated at the subject location without detriment. Staff notes that the location along the rear property line will allow for the site to be redeveloped in the future, as the tower is not centrally placed on the site. It is further noted that the subject site was upgraded with the initial tower, specifically related to fencing and partial paving of the drive aisle and parking. Staff will verify that these improvements have been maintained. Also, the proposed equipment will be held close to the pole to be as unobtrusive as possible. 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: D-1

29 a. Character of the surrounding area: The area surrounding the property is developed with commercial uses and a senior living development. Noting the commercial activity in the area, the proposed use, with contingencies, would be compatible with the area. b. Traffic conditions in the surrounding area: The site is served by Birdie Hills Road which adequately serves the existing commercial area. c. Public Utility facilities: The area is currently served with all utilities. d. The Comprehensive Plan: The City s Comprehensive Plan, as amended in 2008, indicates the site area is planned for commercial uses. The proposed use would be consistent with the commercial development pattern in the area. e. Other matters pertaining to general welfare: This site will include a tower that can operate in a manner appropriate to the surrounding area. The proposed development should have no negative impact to the general welfare of the community, and will allow for future redevelopment of the area. Staff Recommendation: Noting the above review, staff recommends approval of Petition subject to the requirements of the attached Special Use Permit. DRAFT D-2

30 EXHIBIT E Recommendation of Planning and Zoning Commission Petition Sprint Spectrum LP: A request for an amended Special Use Permit in the C-2 Community Commercial District for a 1.6 +/- acre parcel. The subject site is located on the south side of Mexico Road, east of Birdie Hills Road. Proposed Use: wireless facility and wireless support structure. Mr. Tim Loyet, Sprint, presented this to the Commission for approval. Mr. Loyet explained that the subject site is located at the southeast corner of Mexico Road and Birdie Hills Road an established retail area that includes a small strip center, a produce stand, a car wash, a storage lot and a day care. The existing tower was originally approved in 2007 as a stealth tower now referred to as a camouflaged wireless support structure. At that time, the approval was for a stealth tower; specifically a flagpole. Sprint is currently requesting an amendment to the special use permit to allow a wireless facility with antenna on the outside. Specifically, Sprint want to place three panel antennas and three radios on the outside of the existing stealth pole the antennas will be placed at seventy-nine feet. Chairman McNames opened the public hearing at 7:00 p.m. and asked anyone wishing to speak on this petition to please come forward. Mr. Bill Brunson questioned whether this tower would be used by other providers. Seeing no one else present to comment, Chairman McNames closed the public hearing at 7:02 p.m. Mr. Loyet explained that this is a Sprint tower; however, if needed there could be co-location on this tower. Mr. Winslow made a motion and Mr. Westhoff seconded to adopt staff s Findings of Fact at the Commission s Findings of Fact. The motion carried unanimously. Mr. Winslow made a motion and Mr. Westhoff seconded to recommend approval of this Special Use Permit to the Board of Aldermen. The motion carried unanimously. DRAFT REMAINDER OF PAGE INTENTIONALLY LEFT BLANK E-1

31 EXHIBIT F Application DRAFT F-1

32 DRAFT F-2

33 BILL NO I-02 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT WITH CATHY MCDANIEL TRUCKING, LLC, FOR 2017 GENERAL HAULING SERVICES FOR THE CITY OF ST. PETERS ON AN AS-NEEDED BASIS WHEREAS, the City of St. Peters has needs to contract for hauling services for various projects within the City including the hauling of asphalt, asphalt millings, broken concrete, rock, and other materials on an as-needed basis; and WHEREAS, the City solicited and received bids on February 16, 2016, for general hauling services and bid proposals were received from two (2) bidders; and WHEREAS, the low bidder has agreed to hold their unit price for another year, and WHEREAS, it is recommended that the 2017 hauling services agreement be awarded to the lower bidder, Cathy McDaniel Trucking, LLC, at the hourly rate bid for the hauling of asphalt, asphalt millings, broken concrete, rock, and other materials on an as-needed basis for the City of St. Peters. 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 issue blanket purchase order to Cathy McDaniel Trucking, LLC at $79.00 per hour for hauling services. SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer the blanket purchase orders on behalf of the City of St. Peters. SECTION 3. Saving 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.

34 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. The 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 23 rd day of March, As Presiding Officer and as Mayor Len Pagano, Mayor Attest: Scott Baumgartner, Deputy City Clerk Approved this 23 rd day of March, Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

35 BILL NO I-03 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT WITH AMERICA S PARKING REMARKING, INCORPORATED FOR THE 2017 PAVEMENT MARKING PROGRAM WHEREAS, the City of St. Peters has long been an advocate of improved transportation systems and facilities to promote the general health, safety and welfare of the community; and WHEREAS, funds have been appropriated by the Board of Aldermen for the installation of pavement markings as part of the city budget; and WHEREAS, the City solicited bids for the installation of pavement markings; and WHEREAS, bid proposals were received from two (2) bidders on February 28, 2017, and Inc. WHEREAS, it is recommended that the bid be awarded to America s Parking Remarking, 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 contract with America s Parking Remarking, Incorporated in the initial amount of $197, for the 2017 Pavement Marking Program. Upon approval of the City Administrator, the initial contract amount shall be adjusted as necessary based on the final measured quantities at the unit prices bid in the contract. SECTION 2. 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 ( 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

36 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 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 6. 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 23 rd day of March, As Presiding Officer and as Mayor Len Pagano, Mayor Attest: Scott Baumgartner, Deputy City Clerk Approved this 23 rd day of March, Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

37 BILL NO I-04 ORDINANCE NO. AN ORDINANCE AMENDING OR REPEALING CERTAIN SECTIONS AND ENACTING NEW SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF ST. PETERS, TITLE IV: LAND USE DEALING WITH THE ESTABLISHMENT OF ZONING AND REGULATING LAND USE IN THE CITY LIMITS OF THE CITY OF ST. PETERS, MISSOURI AND PROVIDING FOR THE ESTABLISHMENT OF REGULATIONS FOR LAND SUBDIVISION IN THE LIMITS OF THE CITY OF ST. PETERS, MISSOURI BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, AS FOLLOWS: SECTION 1. That SECTION LAND USE REVIEW COMMITTEE of the Municipal Code of the City of St. Peters Title IV: Land Use be amended by modifying Subsections B. as follows: B. Said Committee shall be comprised of the following City employees and elected officials: the City Administrator, Mayor, ETDS Group Manager, PWS WES Group Manager, PRS PGS Group Manager or authorized representative, RCS Group Manager or authorized representative, HES Group Manager or authorized representative, SSS Group Manager, Chief of Police or authorized representative, Director of Planning, Community and Economic Development, Planning Coordinator, Director of Engineering, Building Commissioner and a representative of the Finance Department. The Aldermen representing the wards where the proposed developments would be located and the applicable fire protection district representatives would also participate along with others deemed necessary by the project scope. SECTION 2. That SECTION C-2 COMMUNITY COMMERCIAL DISTRICT of the Municipal Code of the City of St. Peters Title IV: Land Use be amended by adding Subsection B.16 and modifying Subsections D.6 as follows: B. Uses Permitted. Only the following buildings, structures and uses of parcels and lots are permitted; all others are expressly prohibited: except as permitted upon review and approval: 16. Dance studios, fitness/aerobics salons, martial arts studios and similar activities which are within a multi-tenant center and are less than three thousand (3,000) square feet in area.

38 D. Special Use Permit Required. 6. Dance studios, fitness/aerobics salons, martial arts studios and laser tag, paint ball and other indoor entertainment activities, except as referenced in Section B. SECTION 3. That SECTION ACCESSORY BUILDINGS OR STRUCTURES, ALTERATIONS AND ADDITIONS of the Municipal Code of the City of St. Peters Title IV: Land Use be amended to modify Subsection A. 3. as follows: A. All accessory structures shall be permitted with the following provisions and requirements: 3. The minimum distance of an accessory building or structure, including playground equipment, from any side or rear property line shall be six (6) feet. No accessory building or structure, including deer stands, portable restrooms and other temporary structures, are permitted within the front building setback area except on through lots where accessory structures shall be permitted to extend past the front building line that is parallel to the rear of the house. However, a minimum setback from the property line of six (6) feet shall be maintained. Portable restrooms may be approved by the Administrative Officer in the front yard during construction if no other location is practical. In non-residential zoning districts, accessory buildings and trash enclosures shall be located as approved on the site development plan. SECTION 4. That SECTION FENCE REQUIREMENTS of the Municipal Code of the City of St. Peters Title IV: Land Use be amended to modify Subsection B. 1. and modify Subsection F.1. as follows: B. The following general fence provisions shall apply to all zoning districts: 1. No permit shall be required for the erection, installation or alteration of any fence within the City of St. Peters except as otherwise required in this Section. F. Fence Permit In All R-3, C (Commercial) And I (Industrial) Districts: 1. For all fences installed within a R-3(A), R-3(B), a multiple-family development within a Planned Urban District (PUD), C, or I District, a miscellaneous permit, not to exceed fifty (50) dollars, shall be obtained prior to installation of the fence. SECTION 5. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

39 SECTION 6. 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 7. 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 8. 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 23 rd day of March, As Presiding Officer and as Mayor Len Pagano, Mayor Attest: Scott Baumgartner, Deputy City Clerk Approved this 23rd day of March, 2017 Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

40 BILL NO I-05 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO EXECUTE AN AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES WITH HORNER AND SHIFRIN FOR THE MID RIVERS MALL DRIVE CORRIDOR IMPROVEMENTS PROJECT WHEREAS, the City entered into an Agreement for Engineering Services with Horner and Shifrin for design of the Mid Rivers Mall Drive Corridor Improvements Project, which was authorized on April 23, 2015 by Ordinance No. 6334; and WHEREAS, during the U.S. Army Corps of Engineers and the Missouri Department of Natural Resources permit review process, it was determined the project as initially designed could significantly affect adjacent wetlands. Additional engineering services, not identified in the original scope of services, are necessary to address these concerns; and WHEREAS, it is recommended the City execute an Amendment to Agreement for Engineering Services to amend the scope of services needed for the Mid Rivers Mall Drive Corridor Improvements Project. 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 execute an Amendment to Agreement for Engineering Services with Horner & Shifrin in the amount of $35, to perform a revised scope of services for the Mid Rivers Mall Drive Corridor Improvements Project. 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. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval. SECTION NO. 4 Savings. Except as expressly set forth herein, nothing contained in this Ordinance 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 manner connected with the subject matter hereof.

41 SECTION NO. 5 Severability. 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 valid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. Read two times, passed and approved this 23 rd day of March, As Presiding Officer and as Mayor Len Pagano, Mayor Attest: Scott Baumgartner, Deputy City Clerk Approved this 23 rd day of March, Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

42 BILL NO I-06 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE AN INTERGOVERNMENTAL COOPERATION AND DEVELOPMENT AGREEMENT BETWEEN THE LAKESIDE 370 LEVEE DISTRICT AND THE CITY OF ST. PETERS, MISSOURI FOR DEVELOPMENT OF A PORTION OF LAKESIDE 370 LEVEE DISTRICT-SUBDISTRICT B 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 the Intergovernmental Cooperation and Development Agreement (the Agreement ), attached hereto and incorporated by reference herein, 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 herein as the Property ); and WHEREAS, the Levee District proposes to sell to the City certain City Parcels (as defined in the Agreement) comprising a portion of the Property, and to dedicate certain easements to the City as depicted on the proposed plat of the Property, which plat is known and described as Premier 370 Business Park Plat Two, prepared by Stock & Associates Consulting Engineers, Inc., being A/E Job Number: , and consisting of eight (8) sheets, a copy of which is attached to the Agreement as Exhibit B (the Record Plat ); and WHEREAS, the Board of Aldermen of the City of St. Peters does hereby find and determine that the proposed development of the Property is in accordance with the St. Peters Lakeside 370 Special District zoning and subdivision regulations of the City, and is necessary for the public convenience and necessity and for the preservation of the public peace, health, safety, morals and welfare. 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 Intergovernmental Cooperation and Development Agreement between the Lakeside 370 Levee District and the City of St. Peters, Missouri for development of a portion of Lakeside 370 Levee District-Subdistrict B 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 No.

43 negotiate, execute, acknowledge, deliver and administer on behalf of the City said Agreement 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 Agreement, and to perform all of the terms, provisions and conditions of the Agreement. The execution by the City Administrator of any other agreement, document, instrument, check or certificate referred to in the Agreement 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 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 23 rd day of March, Len Pagano, as Presiding Officer and as Mayor Attest: Scott Baumgartner, Deputy City Clerk No.

44 Approved this 23rd day of March, Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk No.

45 EXHIBIT A INTERGOVERNMENTAL COOPERATION AND DEVELOPMENT AGREEMENT THIS INTERGOVERNMENTAL COOPERATION AND DEVELOPMENT AGREEMENT (the Agreement ), is made and entered into as of the day of March, 2017 (the Effective Date ), by and between the 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 (2016), as amended (the Levee District ). WITNESSETH WHEREAS, 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, attached hereto and incorporated by reference herein, together with all improvements thereon and all rights, easements, servitudes and privileges appurtenant thereto and known as Lakeside 370 Levee District-Subdistrict B (referred to herein as the Property ); and WHEREAS, the Levee District proposes to sell to the City certain City Parcels (as hereinafter defined) comprising a portion of the Property, and to dedicate certain easements to the City as depicted on the proposed plat of the Property, which plat is known and described as Premier 370 Business Park Plat Two, prepared by Stock & Associates Consulting Engineers, Inc., being A/E Job Number: , and consisting of eight (8) sheets, a copy of which is attached hereto as Exhibit B (the Record Plat ); and DRAFT WHEREAS, the Board of Aldermen of the City of St. Peters has enacted into law Ordinance No. (the Approving Ordinance ), which Ordinance found and determined that the proposed development of the Property is in accordance with the St. Peters Lakeside 370 Special District zoning and subdivision regulations of the City, and is necessary for the public convenience and necessity and for the preservation of the public peace, health, safety, morals and welfare; and WHEREAS, the Approving Ordinance authorizes and directs the Mayor of the City to enter into this Agreement with the Levee District. NOW, THEREFORE, the City and the Levee District, for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby agree as follows: 1. Setbacks. The setbacks for the City Parcels shall comply with Section St. Peters Lakeside 370 Special District of the St. Peters City Code. However, the City Planning Department may recommend setback variances that are needed due to the impact of the Road Work at defined in Section 5 below. SLC /1

46 2. The Development Project. The City, at the City s expense, shall, subject to and dependent upon annual appropriations being made by it for such purpose, construct certain infrastructure benefitting the Property, including, but not limited to, certain Road Work and Utility Work (collectively, the Development Project ). Preliminary plans and specifications for the Development Project are set forth on Exhibit C attached hereto and incorporated by reference herein (the Plans and Specifications ). 3. Utilities. After the recording of the Record Plat for the Property, the City shall construct, at the City s expense, (i) sanitary sewer Pump Station No. 5, and the associated sewer force main, from Pump Station No. 5 to the gravity sewer system connected to Pump Station No. 3; and (ii) extend electric power to Pump Station No. 5 and to Pump Station No. 3 (collectively, the Utility Work ). All such sanitary sewer system improvements shall be (i) constructed in accordance with the Plans and Specifications noted in Exhibit C; (ii) performed in a good and workmanlike manner in complicance with all governmental requirements; and (iii) completed within one (1) year after the recording of the Record Plat, or June 30, 2017, whichever is earlier (the Completion Date ). Easements for the existing sanitary sewer and water lines located on the Property and easements for said Utility Work shall be established on the Record Plat for the Property. If the Utility Work is not completed by the Completion Date, then the Levee District shall have the right, but not the obligation, to perform the Utility Work, in which case the City shall reimburse the Levee District for all costs incurred in connection with completion of the Utility Work. The Levee District s rights, and the City s obligations, under this paragraph shall survive the recording of the Record Plat and the Deed. 4. Easements. (a) All easements for sanitary sewers, water lines and other utilities, including the Utility Work, shall also be dedicated to the City on the Record Plat. Instruments of dedication shall also be executed by the Levee District conveying all other existing water and sanitary sewer system improvements located on the Property and constructed prior to the date of this Agreement, and upon receipt thereof, the City hereby agrees to adopt such ordinances as are necessary for the acceptance for maintenance of such improvements. All easements necessary for stormwater drainage shall be dedicated to the Lakeside 370 Levee District. DRAFT (b) The City shall retain an engineering firm and shall pay for all engineering costs necessary to update the Record Plat prior to its recording, and shall pay for the cost of recording the same with the St. Charles County Recorder of Deeds. The Record Plat shall be as depicted in Exhibit B, and shall be recorded with the St. Charles County Recorder of Deeds not later than ninety (90) days after its execution by the Levee District. 5. Roadways. As used in this Agreement, the term City Parcels (as defined in Section 6 below) shall be deemed to include the road right-of-way for Lakeside Drive, from Highway 370 to the Lakeside 370 Park entrance, together with the road right-of-way for the extension of Spencer Road from Lakeside Drive to Salt River Road. Upon conveyance of the City Parcels and the dedication of the easements to the City as provided for in Section 4 above, the City shall construct, to City standards, a concrete, three lane road, with SLC /1 5

47 shoulders, from Lakeside Drive to the western property line of proposed Lot 19. All work associated with such road improvements shall be (i) constructed in a good and workmanlike manner in accordance with the Plans and Specifications noted in Exhibit C; (ii) performed in a good and workmanlike manner in complicance with all governmental requirements; and, (iii) completed by the Completion Date. Sidewalks may be installed within such road right-of-way by the City as it deems necessary. The work to be performed by the City under this Section shall be collectively referred to herein as the Road Work. The City shall commence the Road Work within ninety (90) days after the recording of the Record Plat or June 30, 2017, whichever is earlier (the Commencement Date ), and shall thereafter diligently pursue the same to completion. If the Road Work is not completed by the Completion Date, then the Levee District shall have the right, but not the obligation, to perform the Road Work, in which case the City shall reimburse the Levee District for all costs incurred in connection with completion of the Road Work. The Levee District s rights, and the City s obligations, under this paragraph shall survive the recording of the Record Plat and the Deed. 6. Conveyance of Levee District Property. Not later than ninety (90) days after the Effective Date (the Conveyance Date ), the Levee District shall convey good and marketable title to the City, by special warranty deed in the form attached hereto as Exhibit D (the Deed ), all right, title and interest in and to the following lots as shown on the Record Plat: (a) Lot acres (b) Lot acres (c) Lot acres (d) Lot acres (e) Lot acres (f) Lot acres (g) Lot acres (h) Lot acres; and the road right-of-way as described in Section 5 above (collectively, the City Parcels ). DRAFT Notwithstanding anyting contained herein or in the Record Plat to the contrary, the Levee District and the City expressly intend that the Levee District convey fee simple title in the aforesaid rights-of-way to the City. The Levee District and the City hereby agree to execute any further documents necessary to effectuate the foregoing. The provisions of this paragraph shall survive the recording of the Record Plat and the Deed. In consideration of the conveyance to the City of fee simple title to the City Parcels, the City shall pay to the Levee District, contemporaneously with such conveyance, the sum of $100, (the Base Purchase Price ). The City acknowledges and agrees that as a material inducement to the Levee District to enter into this Agreement, on the Conveyance Date, the City shall also deposit in escrow the sum of $150, (the Reserve Amount ), in immediately available funds, in a non-interest bearing account with St. Louis Title, LLC, at an address of 7701 Forsyth Blvd., Suite 200, St. Louis, MO ( Escrow Agent ). The Levee District and a confidential buyer (the Confidential SLC /1 6

48 Buyer ) have heretofore entered into a certain Purchase and Sale Agreement (the Confidential Agreement ), made effective as of November 17, 2016, for the conveyance of certain real property currently owned by the Levee District (the Transaction ). The Levee District presently intends to apply the proceeds obtained from the closing of the Transaction to replenish the Reserve for Maintenance Obligations, as defined and in accordance with the terms of that certain Plan of Adjustment dated December 15, 2014, which was approved by the Bankruptcy Court on March 10, 2015, captioned as Case No (the Plan of Adjustment ). If the Transaction closes, Escrow Agent shall immediately return the Reserve Amount to the City. If the Transaction fails to close for any reason and the Confidential Agreement is terminated, Escrow Agent shall immediately release the Reserve Amount to the Levee District, and the Levee District shall apply the Reserve Amount to the aforementioned Reserve for Maintenance Obligations. The City further acknowledges and agrees that the completion of the Development Project by City is instrumental to the overall development of the Property, and the City s agreement to complete the Road Work and the Utility Work constitutes additional consideration for the sale of the City Parcels. Subject to events of force majeure, the City covenants to commence and diligently pursue completion of the Road Work and the Utilty Work as aforesaid. Anything to the contrary contained in this Agreement notwithstanding, the City shall, at its sole cost and expense, cause to be issued a title insurance commitment by U.S. Title Guaranty Company (the Title Company ) agreeing to issue upon recording of the Deed conveying the City Parcels to City or its assigns, an owner s title insurance policy in the amount of the Base Purchase Price and the Reserve Amount insuring the title of City, or its assigns, in the City Parcels, subject only to the matters to which City does not object. The parties agree that the Title Company is an acceptable title and issuing agency company hereunder. Said Title Insurance commitment shall embody the foregoing requirements, insuring title to the City Parcels in the City or its assigns on the standard form used in the State of Missouri; except, however, that any rights of dower, curtsey, homestead or other marital rights of spouse, mechanic s lien, or rights of parties in possession exceptions shall be deleted and such policy shall except only those conditions of title and other matters referred to herein for the benefit of City. The parties hereby agree that all monetary liens and encumbrances (including mortgages, deeds of trust, mechanic s liens and special assessments), except levee assessments, are expressly disapproved and the debt(s) secured thereby shall be deleted as an exception from the title insurance policy to the City Parcels prior to or contemporaneously with the delivery of the Deed. Levee District shall be solely responsible for the payment of such liens and/or encumbrances and agrees to take such actions as are reasonably necessary to cause the Title Company to issue a title insurance policy deleting the mechanic s lien exception, including, but not limited to, the escrow of such monies as the Title Company may reasonably require. The Parties further agree that all leasehold interests in the City Parcels are expressly disapproved. Levee District shall be solely responsible for terminating all leasehold interests prior to the Closing Date. City shall have up to and including sixty (60) days after the Effective Date to deliver its written objections thereto to Levee District. Levee District shall have ten (10) days after receipt of such objections to cure any title defects recited by City; if Levee District is unable or DRAFT SLC /1 7

49 unwilling, in its sole discretion, to cure such defects, City may elect to take title as is or to terminate this Agreement, in which event this Agreement shall become null and void and of no further force or effect. 7. Development Phases. The Development Project shall consist of one (1) phase and shall be implemented as provided in Section 8 below. 8. Development Timing. 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 twelve (12) months after the Commencement Date. 9. Delays/Extensions. Notwithstanding anything to the contrary contained herein or in the Approving Ordinance, the times within which the Development Project activities are to commence or be completed will automatically be extended as a result of occurrences, events, actions or inactions not within the reasonable control of the Levee District or the City, including without limitation, delays caused by strikes, lock-outs, labor disputes, riots, fire, or other casualties, tornadoes, acts of God, including inclement weather, acts of public enemy, terrorism, accidents, governmental restrictions, litigation challenging the rights of Levee District and/or the City, delays caused by County, State or federal governments. DRAFT 10. Notice of Delay. Levee District or City shall provide written notice to the other of such delay within five (5) business days after the occurrence of an event of force majeure. Said notice shall explain in detail the reason for such delay and the estimated date by which such action will be performed or commenced, the effect on the time for performance and what actions will be taken to reduce the length of delay in order to adhere to the original time for performance. The other party shall have thirty (30) days in which to review said notice and confirm that any such delay was caused by occurrences, events, actions or inactions set forth in Section 9 above. The notifying party shall cooperate with the other party by providing evidence reasonably requested by the other party within said thirty (30) day period. In the event that the other party determines that the delay did not result from any occurrence, event, action or inaction provided in Section 9, it may declare the notifying SLC /1 8

50 party to be in noncompliance with this Agreement under Section 9 of this Agreement and shall so notify the notifying party as provided in Section 21 hereof. 11. Extensions. In addition to any extension pursuant to Section 9 of this Agreement, and upon written request from one party to the other, a party may, but shall not be obligated to, grant extensions to time periods in which certain performances are to be undertaken or completed. 12. Performance for Benefit of Parties. In the event either party shall fail to meet any time limits, as extended, for the commencement or completion of any activity, or the performance of other obligations, the parties hereto, and only the parties hereto, may take the actions set forth in Sections 13 and 23 of this Agreement. 13. Breach and Compliance. In the event of noncompliance with or a breach of this Agreement, written notice of the same may be delivered to a party by the other, and if the party so notified, after receipt of such notice, shall not have corrected such noncompliance or breach within thirty (30) days after receipt of said notice, (unless the time for such correction is further extended by the other party), or, in the case of noncompliance or breach which cannot reasonably be corrected within thirty (30) days, if the party so notified after receipt of such notice shall have not commenced and continued to diligently pursue the correction of such noncompliance then the notifying party may, in its discretion, may (i) terminate this Agreement in which event the parties shall have no further rights or obligations hereunder, expect for those obligations that expressly survive any such termination; (ii) without terminating this agreement, the non-defaulting party shall have the right, but not the obligation, to enter upon the property of the defaulting party and to perform such obligation contained in this Agreement on behalf of such defaulting party and be reimbursed by such defaulting party upon demand for the reasonable costs thereof; or (iii) pursue any other remedy available at law or in equity. 14. Compliance with Governmental Requirements. The parties shall obtain all necessary permits and all approvals as prescribed by law, and shall be subject to all lawful inspections and perform such necessary acts as are required by any governmental authority having jurisdiction over the Development Project. Approval of necessary permits by the City shall not be unreasonably withheld. DRAFT 15. City Access to Development Project. In connection with the Development Project, Levee District shall cooperate with and permit temporary construction access across the Property, for two (2) years after the Effective Date, for the agents, representatives, subcontractors or officials of the City upon reasonable notice. As a condition to any right on the part of the City to enter onto the Property, the City shall provide evidence that all contractors hired by the City to maintain commercial general liability insurance in amounts reasonably acceptable to the Levee District prior to any entry onto the Property. The City shall, as permitted by law and subject to the limitation on awards as published annually in the Missouri Register pursuant to Section , RSMo., as amended, indemnify, defend (by counsel reasonably acceptable to the Levee District) and hold harmless the Levee District from and against any and all claims, causes of action, liens, losses, damages, judgments, settlements and expenses (including, without limitation, reasonable attorneys SLC /1 9

51 fees, court costs and expenses) which may be suffered or incurred by the Levee District as a result of the entry onto the Property by the City or its agents or contractors and which arise out of or may be caused in whole or in part by the fault, failure, negligence or alleged negligence of the City, its agents, representatives, subcontractors or officials in performing their obligations under this Agreement. The City agrees to repair and restore, at the City s expense, any damage to the Property caused by such entry. No provision, term, or condition in this Agreement shall constitute, or be construed as, a waiver of the defenses of sovereign immunity, official immunity, or governmental immunity, by whatever name, as set forth in Section RSMo. et. seq., for any monetary amount whatsoever, or of any other defenses, howsoever named, that are, or in the future may become, available to the City or the Levee District by statute or common law. The City further agrees not to drill, bore or otherwise perform any invasive testing of the Property without the prior written consent of the Levee District, which consent shall not be unreasonably withheld. To the extent permitted by law, the City agrees to maintain as confidential any and all information the City obtains with respect to the Property, and the City agrees not to disclose any such information to any third party except such employees of the City, attorneys representing the City, and other consultants of the City who have a reasonable need to know such information. The City s obligations under this paragraph shall survive the closing of the conveyance of the City Parcels and the expiration or earlier termination of this Agreement. 16. Actions. The City agrees to cooperate with the Levee District in recording the Record Plat and performing this Agreement, and with due diligence will perform each and every act required of it under the Record Plat and this Agreement, but does not by virtue hereof waive the due exercise of its governmental powers and duties as prescribed by law. The Levee District agrees to cooperate with the City in executing the Record Plat and performing this Agreement, and with due diligence will perform each and every act required of it under the Record Plat and this Agreement, but does not by virtue hereof waive the due exercise of its governmental powers and duties as prescribed by law. DRAFT 17. Payment of Expenses. Levee District and the City shall each pay their own costs and expenses in connection with the negotiation and approval of this Agreement and the Record Plat. 18. Levee District s Representations. The Levee District hereby represents and warrants (to the actual knowledge of Ryan Hodges, President of the Levee District, without a duty to inquire) and covenants that, upon obtaining receipt of approval from the Board of Supervisors of the Levee District, (i) the Levee District will have full power, authority and legal right, and shall have obtained all necessary consents and approvals, to execute, deliver, and perform the Levee District s obligations under this Agreement; and (ii) this Agreement has been, and the documents contemplated hereby will be, duly executed and delivered by the Levee District and constitute the Levee District s legal, valid and binding agreements. This Agreement and the Levee District s obligations hereunder are expressly contingent upon the Levee District obtaining approval from the Board of Supervisors of the Levee District, and if the Levee District does not waive or is unable to satisfy this contingency on or before May 1, 2017, the Levee District may declare this Agreement null SLC /1 10

52 and void by written notice to the City, and neither party shall thereafter owe any further duty or obligation to the other. 19. City s Representations. The City hereby represents, warrants and covenants to the Levee District as follows: (a) The City is duly organized and validly existing under the laws of the State of Missouri. The City is authorized pursuant to the Constitution, the laws of the State of Missouri, and the ordinances, orders and resolutions of the City, and all necessary action has been taken to authorize, execute and deliver this Agreement and to consummate all transactions contemplated herein. (b) There is no controversy, suit or other proceeding of any kind pending and served, or, to the City s knowledge, threatened wherein or whereby any question is raised or may be raised, questioning, disputing or affecting in any way the legal organization of the City, or the right or title of any of its officers to their respective offices, or the legality of any official act leading up to the approval, execution and delivery of this Agreement or the constitutionality or validity of the obligations of the City contained herein or the validity of this Agreement. 20. Condition of the City Parcels. THE CITY PARCELS ARE BEING CONVEYED IN THEIR AS-IS CONDITION WITH ALL FAULTS. THE LEVEE DISTRICT HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE RELATIVE TO THE CITY PARCELS, EXCEPT THOSE SET FORTH IN THE DEED. The City acknowledges and agrees that except as set forth in Section 18, no representations or warranties have been made by the Levee District or by any person, firm or agent acting or purporting to act on behalf of the Levee District, as to (i) the presence or absence on or in the City Parcels of any particular materials or substances (including, without limitation, asbestos, hydrocarbons, mold or hazardous or toxic substances); (ii) the condition or repair of the City Parcels or any portion thereof; (iii) the value, expense of operation, or income potential of the City Parcels; (iv) the accuracy or completeness of any survey or other information provided to the City relative to the City Parcels; or (v) any other fact or condition which has or might affect the City Parcels or the condition, repair, value, expense of operation or income potential thereof. On the Conveyance Date, the City agrees to accept the City Parcels in their AS-IS condition, with all faults, known or unknown, patent or latent, except as set forth in the Deed. The Levee District shall have no further liability for the condition of the City Parcels from and after the Conveyance Date, except as set forth in the Deed. The City shall, upon the Conveyance Date and contemporaneously with the delivery to it of the Deed, shall be deemed to have released, discharged and covenanted not to sue the Levee District, including its respective members, officers, directors and employees, successors and assigns, from any and all suits, penalties, costs, damages, or any other losses or claims arising out of or related to the environmental condition of the City Parcels, or any hazardous substances on or about the City Parcels, or arising from environmental laws; provided, however, the City shall not be obligated to defend the Levee District or hold the Levee District harmless from any claims by any governmental entity or third party (or prevent the Levee District from being named as a DRAFT SLC /1 11

53 potentially responsible party with respect to such environmental matters). The covenants contained in this Section 20 shall survive the conveyance of the City Parcels and the expiration or earlier termination of this Agreement. 21. Notice. Whenever notice or other communication is called for herein to be given or is otherwise given pursuant hereto, it shall be in writing and shall be personally delivered or sent by facsimile or by registered or certified mail, return receipt requested, addressed as follows: If to the City: Russell W. Batzel City Administrator City of St. Peters # 1 St. Peters Center Boulevard St. Peters, Missouri Facsimile: (636) With a copy to: Wm. Randolph Weber Hamilton Weber LLC 200 North 3 rd Street St. Charles, Missouri Facsimile: (636) If to Levee District: DRAFT Ryan Hodges, President Lakeside 370 Levee District 520 Maryville Centre Drive, Ste. 200 St. Louis, Missouri 6314 Facsimile: With a copy to: David Human Husch Blackwell LLP 190 Carondelet Plaza #600 Clayton, Missouri Facsimile: All said notices by mail shall be deemed given upon deposit in the U.S. Mail or when sent by facsimile transmission. A change of designated officer or address may be SLC /1 12

54 requested by providing written notice of such change to the other parties in the manner provided. 22. Contacts. Contact for the Levee District: Ryan Hodges; Contact for the City: Russell W. Batzel, City Administrator. 23. Remedies. The parties to this agreement may either in law or equity, by suit, action, mandamus or other proceedings in court, enforce and compel performance of this Agreement and seek damages for its breach. 24. Continuity of Obligations. Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. DRAFT 25. Time of the Essence; Mutual Assistance and Cooperation. Time is of the essence with respect to all obligations under this Agreement. The parties agree to take such actions, including the adoption of ordinances and resolutions, and the execution and delivery of such documents, instruments, petitions, and certifications supplemental thereto, as may be necessary or appropriate to carry out the terms, provisions and intent of this Agreement, and to aid and assist each other in carrying out said terms, provisions and intent. Further, the City agrees that the City shall not unreasonably withhold or delay any City action required to carry out the terms, provisions and intent of this Agreement, provided however, this Agreement shall not be construed to obligate the City, acting as a party hereto, to grant municipal permits or other approvals it would not be obligated to grant, acting as a political subdivision, absent this Agreement. 26. Assessments. The Levee District hereby discloses that the Property is currently assessed by the Levee District at a lesser rate due to the Levee District s ownership of the Property. After the Conveyance Date, the Levee District will petition for a partial re-assessment of the City Parcels in a manner comparable to property within the Lakeside 370 Levee District Subdistrict B not owned by the Levee District, and the City covenants that it will not file an exception, challenge, or otherwise dispute the re-assessment of the City Parcels to the extent it is comparable to similarly situated property within the Lakeside 370 Levee District Subdistrict B not owned by the Levee District. By way of example, and not of limitation, similar property within Lakeside 370 Levee District Subdistrict B not owned by the Levee District has previously received an assessed benefit of approximately $66, per acre per year, which would lead to a maintenance assessment of approximately $ per acre per year, and an installment assessment of approximately $1, per acre per year. The City hereby acknowledges and agrees that the City Parcels are subject to the terms and conditions of the Plan of Adjustment. The City hereby covenants to pay all assessments that the City Parcels are subject to, including, without limitation, all installment assessments for debt service on bonds issued by the District, at rates established by the Plan of Adjustment or otherwise. 27. Miscellaneous. SLC /1 13

55 27.1 Choice of Law. This Agreement shall be deemed to have been fully executed, made by the parties in, and governed by the laws of the State of Missouri for all purposes and intents Entire Agreement; Savings Clause; Heading. The parties agree that this Agreement constitutes the entire agreement between the parties, and that no other agreements or representations other than those contained in this Agreement have been made by the parties. This Agreement may be amended only in writing and effective when signed by the authorized agents of the parties. The headings contained in this Agreement are for purposes of convenience only and shall not be deemed to limit the contents of the paragraphs contained in this Agreement Counterparts. This Agreement is executed in multiple counterparts, each of which shall constitute one and the same instrument Attorneys Fees. In the event of any proceeding between the parties hereto to enforce any of the provisions of this Agreement, the prevailing party in such proceeding shall be entitled to an award of all costs and expenses, including reasonable attorneys' fees. This Section shall survive the termination hereof. 28. Severability. The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions of this Agreement shall remain valid unless the court finds that the valid provisions are so essentially and inseparably connected with and so dependent upon the invalid provision that it cannot be presumed that the parties hereto would have agreed to the valid provisions of this Agreement; or unless the court finds the valid provisions, standing along, are incomplete and incapable of being executed in accordance with the contracting parties intent. DRAFT [Remainder of page is intentionally left blank, Signature pages to follow.] SLC /1 14

56 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. SEAL CITY OF ST. PETERS, MISSOURI Attest: Patricia E. Smith, City Clerk By: Len Pagano, Mayor STATE OF MISSOURI ) ) SS. COUNTY OF ST. CHARLES ) On this day of, 2017, before me appeared Len Pagano, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the City of St. Peters, a fourth class city and political subdivision of the State of Missouri, that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed on 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 at my office in the County and State aforesaid, the day and year first above written. My term expires: DRAFT Notary Public SLC /1 15

57 SEAL LAKESIDE 370 LEVEE DISTRICT By: Name: Ryan Hodges Title: President STATE OF MISSOURI ) ) SS. COUNTY OF ) On this day of, 2017, before me appeared Ryan Hodges, to me personally known, who, being by me duly sworn, did say that he is the President of the Lakeside 370 Levee District, a levee district organized pursuant to Chapter 245 of the Revised Statutes of Missouri, and that said instrument was signed on behalf of said levee district by authority of its Board of Supervisors; and said Ryan Hodges acknowledged said instrument to be the free act and deed of said levee district. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the County and State aforesaid, the day and year first above written. My term expires: DRAFT Notary Public SLC /1 16

58 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY DRAFT Exhibit A page 1

59 DRAFT SLC /1 Exhibit A page 2

60 DRAFT SLC /1 Exhibit A page 3

61 DRAFT SLC /1 Exhibit A page 4

62 DRAFT SLC /1 Exhibit A page 5

63 DRAFT SLC /1 Exhibit A page 6

64 EXHIBIT B RECORD PLAT [attach copy of Record Plat] DRAFT Exhibit B page 1

65 EXHIBIT C PRELIMINARY PLANS AND SPECIFICATIONS FOR DEVELOPMENT PROJECT PREPARED BY STOCK & ASSOCIATES CONSULTING ENGINEERS, INC. DRAFT Exhibit C page 1

66 DRAFT Exhibit C page 2

67 DRAFT Exhibit C page 3

68 DRAFT Exhibit C page 4

69 DRAFT Exhibit C page 5

70 DRAFT Exhibit C page 6

71 DRAFT Exhibit C page 7

72 DRAFT Exhibit C page 8

73 DRAFT Exhibit C page 9

74 DRAFT Exhibit C page 10

75 DRAFT Exhibit C page 11

76 EXHIBIT D SPECIAL WARRANTY DEED Space Above Line Reserved For Recorder s Use 1. Title of Document: Special Warranty Deed 2. Date of Document:, Grantor(s): LAKESIDE 370 LEVEE DISTRICT 4. Grantee(s): CITY OF ST. PETERS, MISSOURI 5. Statutory Mailing Address(es): Grantor: 520 Maryville Centre Drive, Ste. 200 St. Louis, Missouri Grantee: # 1 St. Peters Center Boulevard St. Peters, Missouri Legal description: See Exhibit A annexed to the document. 7. Reference(s) to Book(s) and Page(s): N/A DRAFT Exhibit D page 1

77 SPECIAL WARRANTY DEED This SPECIAL WARRANTY DEED is made and entered into as of the day of, 2017, by and between LAKESIDE 370 LEVEE DISTRICT, a levee district formed pursuant to the provisions of Sections to of the Revised Statutes of the State of Missouri ( Grantor ); and the CITY OF ST. PETERS, MISSOURI, a fourth class city and political subdivision of the State of Missouri ( Grantee ). WITNESSETH: Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, does by these presents BARGAIN AND SELL, CONVEY AND CONFIRM unto Grantee, the real property situated in the County of St. Charles and State of Missouri, and described on Exhibit A attached hereto and incorporated herein by this reference (the Real Estate ); subject to real estate taxes for the calendar year 2017 and thereafter, special assessments becoming a lien after the date of this Deed, all covenants, declarations, conditions, building, zoning and subdivision ordinances, easements, rights of way, use and occupancy restrictions, and deed restrictions of record, and all matters that would be disclosed by an accurate survey and inspection of the Real Estate, including, but not limited to, boundary line disputes, overlaps and encroachments (collectively, the Permitted Exceptions ). TO HAVE AND TO HOLD the Real Estate, together with all rights and appurtenances to the same belonging, unto Grantee, and to the successors and assigns of Grantee forever. Grantor hereby covenants that it and its successors and assigns shall and will WARRANT AND DEFEND the title to the Real Estate unto Grantee and to Grantee s successors and assigns forever against the lawful claims of all persons claiming an interest in the Real Estate by, through or under Grantor, excepting, however, the Permitted Exceptions. [Signatures appear on following pages] DRAFT Exhibit D page 2

78 IN WITNESS WHEREOF, the Grantor and Grantee have executed this Special Warranty Deed as of the day and year first above written. SEAL GRANTOR LAKESIDE 370 LEVEE DISTRICT By: Ryan D. Hodges, President STATE OF MISSOURI ) ) SS. COUNTY OF ST. LOUIS ) On this day of, 2017, before me, the undersigned, a Notary Public, appeared RYAN D. HODGES, to me personally known, who, being by me duly sworn, did say that he is the President of LAKESIDE 370 LEVEE DISTRICT, a levee district formed pursuant to the provisions of Sections to of the Revised Statutes of the State of Missouri (2016), as amended, and that the seal affixed to the foregoing instrument is the corporate seal of said Levee District, that said instrument was signed and sealed by authority of its Board of Supervisors, and said President acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said Levee District. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid on the day and year first above written. Name : Notary Public in and for said State My Commission Expires: DRAFT PLEASE AFFIX SEAL FIRMLY AND CLEARLY IN THIS BOX Exhibit D page 3

79 SEAL GRANTEE CITY OF ST. PETERS, MISSOURI By: Len Pagano, Mayor ATTEST: Patricia Smith, City Clerk STATE OF MISSOURI ) ) SS. COUNTY OF ST. CHARLES ) On this day of, 2017, before me, the undersigned, a Notary Public, appeared LEN PAGANO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the CITY OF ST. PETERS, MISSOURI, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed by authority of its Board of Aldermen, and said officers acknowledged said instrument to be executed for the purposes therein stated and as 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. DRAFT Name: Notary Public in and for said State My Commission Expires: PLEASE AFFIX SEAL FIRMLY AND CLEARLY IN THIS BOX Exhibit D page 4

80 EXHIBIT A DESCRIPTION OF REAL ESTATE [attach legal description to City Parcels] DRAFT Exhibit D page 5

81 BILL NO I-07 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A CERTAIN ROAD RELINQUISHMENT AGREEMENT BETWEEN ST. CHARLES COUNTY, MISSOURI AND THE CITY OF ST. PETERS, MISSOURI FOR THE EXCHANGE OF CERTAIN ROAD RIGHTS- OF-WAY WHEREAS, the Missouri Revised Statutes Sections through , as amended, authorize any municipality or political subdivision to contract and cooperate with any other municipality or political subdivision, for the planning, development, construction, acquisition, or operation of any public improvement or facility, or for a common service; and WHEREAS, the Board of Aldermen of the City of St. Peters does hereby find, determine and declare that the proposed exchange of rights-of-way is in the best interest of the residents of the City, is proper and necessary for the public convenience and for the preservation of the public peace, health, safety, morals and welfare. 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 Road Relinquishment Agreement between St. Charles County, Missouri and the City of St. Peters, Missouri, for the exchange of certain road rights-of-way attached hereto, marked as Exhibit A, and incorporated by reference herein (the Agreement ), 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 the Agreement in substantially the form attached hereto. SECTION 2. That the City Administrator is hereby authorized and directed on behalf of and in the name of the City to do any and all other acts and things and to execute and deliver any and all other agreements, deeds, documents, instruments and certificates, all as may be necessary and appropriate to consummate said Agreement, and to perform all of the terms, provisions and conditions of the Agreement, including, but not limited to, the execution of the quit claim deeds described in the Agreement. The execution by the City Administrator of any other agreement, deed, document, instrument, check or certificate referred to in the Agreement 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.

82 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 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 23 rd day of March, Len Pagano, as Presiding Officer and as Mayor Attest: Scott Baumgartner, Deputy City Clerk Approved this 23rd day of March, Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

83 EXHIBIT A ROAD RELINQUISHMENT AGREEMENT This Road Relinquishment Agreement (the Agreement ) is made and entered into as of the date of the last signature below (the Effective Date ), by and between ST. CHARLES COUNTY, MISSOURI (hereinafter COUNTY ) and the CITY OF ST. PETERS, MISSOURI, a municipal corporation (hereinafter City ) (each a Party or collectively the Parties ), upon the following terms and conditions: WITNESSETH: WHEREAS, Missouri Revised Statutes Sections through , as amended, authorize any municipality or political subdivision to contract and cooperate with any other municipality or political subdivision, for the planning, development, construction, acquisition, or operation of any public improvement or facility, or for a common service. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the Parties agree as follows: (1) PURPOSE: The purpose of this Agreement is for the County and City to each relinquish to the other portions of certain roadways. (2) WORK TO BE PERFORMED: Prior to any relinquishment or conveyance of the herein described parcels or roadway, the County or City, as the case may be, shall perform the following work: NONE (3) LOCATION: The general location of each roadway or parcel of land to be conveyed is as follows: a. A triangular parcel of land located adjacent to the intersection of Thoele Road and McClay Road in the City of St. Peters, St. Charles County, Missouri, and described more particularly as shown on Exhibit A attached hereto; b. A portion of certain right-of-way of Salt River Road near its intersection with Spencer Road, in an unincorporated portion of the County of St. Charles, Missouri, and described more particularly on Exhibit B attached hereto; and c. A portion of certain right-of-way of Salt River Road near its intersection with Neptune Court, in the City of St. Peters, Missouri, and described more particularly on Exhibit C attached hereto. Exhibit A Page 1

84 (4) RELINQUISHMENT: a. Within ninety (90) days of the Effective Date, the City, as grantor, shall convey to the County, as grantee, the parcel of land described on Exhibit A by a quitclaim deed releasing to the County any and all interest the City has in such property. The City makes no representations as to the state of title of such parcel of land, and it is incumbent upon the County to seek its own professional opinion as to the resulting state of title. The County hereby agrees to accept such deed from the City. The deed shall be filed by the County with the office of the Recorder of Deeds of St. Charles County, Missouri. b. Within ninety (90) days of the Effective Date, the County, as grantor, shall convey to the City, as grantee, the parcels of land described on Exhibits B and C by a quitclaim deed releasing to the City any and all interest the County has in such property. The County makes no representations as to the state of title of such parcels of land, and it is incumbent upon the City to seek its own professional opinion as to the resulting state of title. The City hereby agrees to accept such deed from the County. The deed shall be filed by the City with the office of the Recorder of Deeds of St. Charles County, Missouri. (5) CLAUSES IN THE DEEDS: The following clauses will be included in each quitclaim deed: a. The grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, that any utility facilities located as of the date hereof within the land described in this deed pursuant to permits issued by the grantor shall be permitted to remain on said land by the grantee in the same manner as if such facilities had been installed pursuant to permits issued by the grantee, subject to the ongoing right of the grantee to regulate its rights-of-way, including the right of the grantee to require relocation or removal of such facilities in accordance with applicable law. b. This conveyance is subject to: (i) easements, restrictions, reservations, and other agreements and matters of record, if any; (ii) taxes and assessments, general and special, if any, not now due and payable; and (iii) rights of the public in and to all streets, roads, or alleys, or parts thereof. (6) MAINTENANCE BY GRANTOR: Prior to conveyance of the several parcels, the County or the City, as the case may be, shall continue to maintain the parcels to be conveyed in the same manner as they have previously been maintained. Upon conveyance of a parcel by each Party to the other, such party s responsibility to maintain the parcel shall cease, and such roadway will no longer be considered a part of the Exhibit A Page 2

85 grantor s roadway system. (7) MAINTENANCE BY GRANTEE: Upon conveyance by the County or the City, as the case may be, of each parcel, as of the date of execution of the quitclaim deed, the grantee thereof shall assume responsibility for maintenance of such parcel and any public improvements thereon, if any. (8) FUTURE MAINTENANCE: After conveyance of each parcel to the grantee, the grantor may agree to perform future maintenance to such parcel, however any future maintenance by the grantor shall only be by a separate written agreement between the grantor and the grantee. The cost of any such future maintenance performed by the grantor shall be identified by such separate written agreement but shall be the responsibility of the grantee. (9) PARTY REPRESENTATIVE: The County Engineer and the City Administrator are hereby designated as the representatives of the County and City, respectively, for the purpose of administering the provisions of this Agreement. Each party may designate another representative, by written notice to the other, of any other person having the authority to act on behalf of such Party in furtherance of the performance of this Agreement. (10) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed in accordance with the laws of the State of Missouri, and each Party shall comply with all state and federal laws and regulations relating to their performance of this Agreement. [Remainder of Page Intentionally Left Blank. Signature Pages to Follow.] Exhibit A Page 3

86 IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date last written below. Executed by County this day of, ST. CHARLES COUNTY, MISSOURI By: Steve Ehlmann, County Executive Approved by Ordinance No.: Exhibit A Page 4

87 Executed by the City this day of, CITY OF ST. PETERS, MISSOURI By: Len Pagano, Mayor Approved by Ordinance No.: Exhibit A Page 5

88 Exhibit A DRAFT Exhibit A - Page 6

89 DRAFT Exhibit A - Page 7

90 EXHIBIT B DRAFT Exhibit A - page 8

91 DRAFT Exhibit A - page 9

92 EXHIBIT C A tract of land being part of U.S. Survey 1786, in Township 47 North Range 4 East, St. Charles County, Missouri, and being more particularly described as: Commencing at the East corner of the land thereof recorded in Deed Book 2711 Page 269 of the St. Charles County Records, thence along a curve to the left having a radius of feet an arc distance of feet having a chord length of feet and a chord direction of South 34 degrees 52 minutes 12 seconds West to a point; thence South 27 degrees 26 minutes 24 seconds West a distance of feet to a point; thence North 62 degrees 22 minutes 45 seconds West a distance of feet to a point; thence North 49 degrees 34 minutes 10 seconds East a distance of feet to a point; thence South 62 degrees 28 minutes 00 seconds East a distance of to the Point of Beginning. The described tract contains 171,501 square feet or 3.94 acres more or less. DRAFT Exhibit A Page 10

93 DRAFT Exhibit A - page 11