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 April 26, :30 P.M. A. Call to Order, Mayor Len Pagano B. Roll Call C. Opening Ceremonies 1. Invocation 2. Pledge of Allegiance 3. Proclamation: Composting Week, Elliott Schneider 4. Proclamation: Arbor Day 5. Recognition: All Saints Catholic School First Grade Class, Mary Mohan 6. Recognition: Random Act of Kindness D. Approval of Minutes: The Board of Aldermen Work Session meeting of April 12, 2018; and the Regular Board of Aldermen meeting of April 12, 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 Special Use Permit, Uptown Cheapskate Powers b. Petition Planned Urban Development Agreement, Terra West, LLC Powers 4. St. Peters Business Spotlight: None

2 F. Open Forum 1. Citizens Petitions and Comments 2. Communications from the Elected Officials 3. Announcements G. Public Hearings: None H. Unfinished Business Items: None I. New Business Items: 1. Selection of Aldermanic Representatives to Boards and Commissions and Board President 2. Bill No : Bill approving a Special Use Permit in the C-3 General Commercial District to permit the sale of used merchandise, in response to Petition (Uptown Cheapskate) and adopting the Findings of Fact and Conclusions of Law with respect thereto 3. Bill No : Bill authorizing and directing the City Administrator of the City of St. Peters, Missouri, to execute a Planned Urban Development Agreement with Dierbergs Five, LP and Terra West, LLC for Development of the Reserve at Mid Rivers 4. Bill No : Bill approving a Record Plat within the City of St. Peters, Missouri, for the purpose of recording in St. Charles County, Missouri (Reese s Subdivision) 5. Bill No : Bill approving a Record Plat within the City of St. Peters, Missouri, for the purpose of recording in St. Charles County, Missouri (Cave Springs Shopping Center Plat 17 Resubdivision) 6. Bill No : Bill approving a Record Plat within the City of St. Peters, Missouri for the purpose of recording in St. Charles County, Missouri (Freddy s St. Peters) 7. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into a contract with Vee-Jay Cement Contracting Company, Inc for the Jungermann Road Storm Water Pipe Rehabilitation Project P-22/23 8. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to execute amendment No. 4 to agreement for professional services with Bax Engineers for the Country Hill Estates, Shining Rock, Rachels Trail, and Forest Grove Court Stormwater Project, P Bill No Bill authorizing the City Administrator of the City of St. Peters, Missouri to execute an agreement for the design and construction of the 4000 Premier Parkway and Premier 370 Business Park Transportation Improvement Projects 10. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to execute an agreement for the design and construction of the Spencer Road and Premier Parkway West Transportation Improvements Project

3 11. Resolution of the City of St. Peters, Missouri, granting permission to the Shoppes of Mid Rivers Community Improvement District to issue its Sales Tax Revenue Bonds, Series 2018A, and to such bonds being designated as Qualified Tax-Exempt Obligations for purposes of Section 265(B)(3) of the Code 12. Resolution of Official Intent of the City of St. Peters, Missouri, toward the issuance of Industrial Revenue Bonds to finance an Industrial Development Project and authorizing certain actions relating thereto J. Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section (1)(2)(3)(9)(12)(13)(14) & (1-6) K. Adjournment AGENDA Posted at City Hall: April 23, 2018 at 9:00 a.m. By: P. Smith, City Clerk Next Regular Board of Aldermen Meeting: May 10, 2018

4 CITY OF ST. PETERS BOARD OF ALDERMEN WORK SESSION MINUTES APRIL 12, 2018 BOARD OF ALDERMEN ITEMS FOR DISCUSSION The Work Session was called to order at approximately 5:00 p.m. on Thursday, April 12, 2018 at the St. Peters Justice Center located at 1020 Grand Teton Drive. Patty Smith, City Clerk, called the roll. The following were present: Mayor Pagano; Alderman Aytes, Alderman Barclay; Alderman Bateman; Alderman Reitmeyer; Alderman Shea; Alderman Thomas; Board President Alderman Violet; Jeff Finkelstein, Chief of Police; Burt Benesek, Transportation and Development Services Manager; Rick Oloteo, Recreation and Cultural Services Manager; Jeff Hutsler, Parks and Golf Services Manager; Bill Malach, Water Environment Services Manager; Dave Kuppler, Health and Environmental Services Manager; Cathy Pratt, Staff Support Services; Russ Batzel, City Administrator; Scott Williams, Special Counsel; Patty Smith, City Clerk. Aldermen Hollingsworth was absent. COMMUNICATIONS FROM BOARD MEMBERS/ALDERMANIC REPRESENTATIVES Committee reports were given during this time. BOARD OF ALDERMEN ITEMS FOR DISCUSSION Alderman Shea moved and Alderman Reitmeyer seconded the motion to remove Discussion /Rec-Plex Ice Rink Designation from the agenda for discussion. All in favor, the motion was approved. DISCUSSION/REC-PLEX ICE RINK DESIGNATION MAYOR, SHEA, VIOLET, THOMAS, REITMEYER, BARCLAY, BATEMAN Alderman Shea discussed with the Board of Aldermen his intent for designating an ice rink in honor of the late Assistant City Administrator, Tim Wilkinson. He recounted Tim s long career with the City of St. Peters and being instrumental in bringing ice rinks to the Rec-Plex. Following discussion, there was an overall agreement on naming one of the ice rinks at the main Rec-Plex facility after Tim Wilkinson. Alderman Shea asked that the Aldermen share their ideas with staff and come back in two weeks for further discussion. Mayor requested City Administrator Batzel to speak with the elected officials and employees before the next meeting. Alderman Shea moved and Alderman Bateman seconded the motion to move forward with the naming of the ice rink. The motion was approved. This item will be continued at the April 26, 2018 Work Session meeting. Board President Violet reminded the Board that during the April 26 th Board meeting they will vote on the next Board of Aldermen President, between Alderman Shea and Alderman Barclay, and vote on the Aldermanic Committee Representatives.

5 City of St. Peters: Board of Aldermen Work Session Minutes April 12, 2018 Page 2 of 4 MAYOR/CITY ADMINISTRATOR ITEMS NEW BUSINESS ITEMS Alderman Thomas moved and Alderman Bateman seconded the motion to remove Code Amendment/Section Guidelines for Use of Parks from the agenda for discussion. All in favor, the motion was approved. CODE AMENDMENT/SECTION GUIDELINES FOR USE OF PARKS OLOTEO Rick Oloteo stated that with the approval of the 2018 aquatics facility rates, he deemed it necessary to revise the City Code by deleting Section Item I, which reads: The presentation by a St. Peters resident of a valid pass for use of the Rec-Plex will also authorize admission to other St. Peters owned and operated swimming pools. Discussion and suggestions ensued between Board members on membership benefits. Mayor reminded the Board of cuts that were made to make the aquatics center happen and requested further financial discussions with numbers to be brought back at the next meeting. Alderman Thomas moved that anybody with a Rec-Plex gold plus membership be included in the outdoor pools. After further discussion, Alderman Thomas amended his motion to say that the City allow all Rec-Plex members access to the outdoor pools for the first year and to see where that goes; and in a year s time if it s simply way out of cost, then we go ahead and adjust the fees so you could get a Rec-Plex membership and if you want the pools included in the Rec-Plex membership, you have to pay the little extra amount, because we didn t understand or are learning what the costs would be. The motion failed for lack of a second. Mr. Batzel referred to the business plan presented during prior budget discussions and suggested a memo on what the financial impact would be while incorporating their suggestions, and submit to the Mayor and Board prior to the next meeting to assist the Board in their discussion about expenses and revenues relative to the aquatics center, and on whether to or not include the outdoor pools as part of the Rec-Plex pass. City Administrator Batzel recommended amending what Mr. Oloteo is suggesting and return to the next Board meeting for further discussion. No further comments or questions from the Board of Aldermen. Alderman Thomas moved and Alderman Barclay seconded the motion to allow staff to review the numbers to bring back for further discussion at the April 26, 2018 Board of Aldermen Work Session meeting. The motion was approved. This item will be placed on the April 26, 2018 Work Session meeting agenda for further consideration. Alderman Violet moved and Alderman Barclay seconded the motion to remove Jungermann Road Storm Water Pipe Rehabilitation Project P-22/23 Improvements from the agenda for discussion. All in favor, the motion was approved. JUNGERMANN ROAD STORM WATER PIPE REHABILITATION PROJECT P-22/23 BENESEK Mr. Benesek stated that on March 29, 2018, the City of St. Peters received five (5) bids for the Jungermann Road Storm Water Pipe Rehabilitation P-22/23 Project. Mr. Benesek

6 City of St. Peters: Board of Aldermen Work Session Minutes April 12, 2018 Page 3 of 4 displayed a PowerPoint presentation of the project area to repair and rehabilitate the storm sewer pipe system located along the east side of Jungermann Road between Asuza Drive and Brentmoor Lane. After a review of the bids submitted, staff recommended the low bidder of Vee-Jay Cement Contracting Company of St. Louis in the initial expenditure of $549, The project will be funded by proceeds from Proposition P Storm Water Bond sales. Questions were addressed regarding road closures and local labor. No further comments or questions from the Board of Aldermen. Alderman Thomas moved and Alderman Reitmeyer seconded the motion to place this item on the April 26, 2018 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the April 26, 2018 Board of Aldermen meeting agenda for consideration. Alderman Barclay moved and Alderman Violet seconded the motion to remove P-24 Storm Water Improvement Projects Engineering Services Agreement from the agenda for discussion. All in favor, the motion was approved. P-24 STORM WATER IMPROVEMENT PROJECTS ENGINEERING SERVICES AGREEMENT BENESEK Mr. Benesek gave a PowerPoint presentation recounting the P-24 Forest Grove/Rachels Trail/Shining Rock/Country Hill Estates Storm Water Improvement Projects. He requested approval to execute the fourth amendment to the engineering services agreement with Bax Engineering to authorize additional surveying, hydraulic analysis and design services to correct a flooding issue near the proposed Kathleen Place storm water project. Approval of this amendment will authorize the expenditure of $8,291.00, increasing the value of the engineering services agreement to $150, Funds for the recommended design services will come from proceeds from Proposition P storm water bond sales. No further comments or questions from the Board of Aldermen. Alderman Violet moved and Alderman Reitmeyer seconded the motion to place this item on the April 26, 2018 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the April 26, 2018 Board of Aldermen meeting agenda for consideration. Alderman Shea moved and Alderman Bateman seconded the motion to remove Secretary of State/Records Retention Schedule from the agenda for discussion. All in favor, 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 April 12, Alderman Shea moved and Alderman Reitmeyer seconded the motion to accept the City Clerk s report regarding the Destruction of Record forms that are provided in the Work Session packet and to be entered into the April 12, 2018 minutes of the Board of Aldermen. The motion was approved. No further Board of Aldermen action is required on this item. MISCELLANEOUS UPDATES BATZEL

7 City of St. Peters: Board of Aldermen Work Session Minutes April 12, 2018 Page 4 of 4 Ms. Pratt advised business item I-07 on tonight s Board of Aldermen agenda is the resolution to approve the plan for Grove Collaborative as part of the Chapter 100 process. No further comments or questions from the Board of Aldermen. BOARD MEETING AGENDA ITEM REVISIONS BATZEL None EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION (1)(2)(3)(9)(12)(13)(14) & (1-6) Alderman Barclay moved and Alderman Violet seconded the motion to enter Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section (1)(2)(3)(9)(12)(13)(14) & (1-6) and then adjourn the Work Session meeting from the Executive Session. With the motion approved, the Board of Aldermen entered Executive Session at approximately 5:46 p.m. Roll Call was taken as follows: President of the Board of Aldermen, Alderman Violet: yes; Alderman Hollingsworth: absent; Alderman Reitmeyer: yes; Alderman Thomas: yes; Alderman Bateman: yes; Alderman Shea: yes; Alderman Barclay: yes; Alderman Aytes: yes. ADJOURNMENT OF THE EXECUTIVE SESSION AND THE WORK SESSION Alderman Shea 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 was adjourned at approximately 6:26 p.m. with roll call shown as follows: President of the Board of Aldermen, Alderman Violet, yes; Alderman Bateman, yes; Alderman Hollingsworth: absent; Alderman Reitmeyer, yes; Alderman Thomas, yes; Alderman Barclay, yes; Alderman Shea, yes; Alderman Aytes, yes. Submitted by, Patricia E. Smith City Clerk

8 CITY OF ST. PETERS CITY HALL BOARD OF ALDERMEN MINUTES APRIL 12, 2018 CALL TO ORDER Mayor Pagano called the Board of Aldermen meeting to order at approximately 6:33 p.m. on April 12, 2018, at the St. Peters Justice Center located at 1020 Grand Teton Drive. Patty Smith, City Clerk, called the roll. Present were: Mayor Pagano; Alderman Aytes; Alderman Barclay; Alderman Bateman; Alderman Reitmeyer; Alderman Shea; Alderman Thomas; Board President Violet; Chief Finkelstein; City Administrator Russ Batzel; Special Counsel Williams; and Patty Smith, City Clerk. Alderman Hollingsworth was absent. Brynn Sanders delivered the Invocation. Mayor Pagano led the Pledge of Allegiance. RECOGNITION: GIRL SCOUT GOLD AWARD, KEELY MANNION Aldermen Bateman and Violet presented Keely Mannion with a recognition for recently earning the Girl Scout Gold Award for her work in wrapping and planting 300 trees in the water at 370 Lakeside Park to help restore the park s wetland. APPROVAL OF MINUTES: THE BOARD OF ALDERMEN WORK SESSION MEETING OF MARCH 22, 2018; AND THE REGULAR BOARD OF ALDERMEN MEETING OF MARCH 22, 2018 Alderman Shea moved and Alderman Reitmeyer seconded the motion to approve the Board of Aldermen Work Session meeting minutes of March 22, 2018 and the Regular Board of Aldermen meeting minutes of March 22, All in favor, the motion carried and the minutes were approved. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MAYORAL REPORT OF APPOINTMENTS TO BOARDS AND COMMISSIONS APPOINTMENT TO THE SENIOR ADVISORY COMMITTEE Alderman Reitmeyer read the appointment of the following individual to serve as a member to the Senior Advisory Committee: Christine Brush, 1153 Spencer Road, St. Peters, Mo (Ward 3), for the term effective immediately and expiring June 30, Alderman Shea moved and Alderman Reitmeyer seconded the motion to approve the appointment. All in favor, the motion was approved. CITY ADMINISTRATOR S REPORT GREEN CUP CHALLENGE DEBBIE KNOBLE Debbie Knoble, St. Peters Green Team member and Sustainability Specialist with the City of St. Peters, spoke about promoting sustainability from within St. Peters with a new program, St. Peters Green Cup Challenge. This challenge will be available on June 1 st with teams or groups joining on stpgogreencup.org to make a pledge to take sustainable actions.

9 Board of Aldermen Minutes: City of St. Peters April 12, 2018 Page 2 of 6 REPORT OF DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT None ST. PETERS BUSINESS SPOTLIGHT None OPEN FORUM CITIZENS PETITIONS AND COMMENTS After Special Counsel Williams read in part the rules and regulations per St. Peters Ordinance 4426, establishing a procedure for public comment before the Board of Aldermen, Mayor Pagano called the following individuals to come forward to speak who completed public comment cards: Ron Neubauer, 50 Boschert Creek Drive, St. Peters, spoke about Veterans honoring them. Thomas True, 9852 Zenith Drive, Afton MO spoke in opposition to the In God We Trust motto. Grayson Jostes, 73 Sugar Ridge Court, St. Peters MO, spoke in opposition to the In God We Trust motto. Sally Hunt, 1368 Glenrock Drive, Maryland Heights, MO, spoke on comments by Aldermen at meetings. Brynn Sanders, 135 Sierra Drive, St. Peters, MO, spoke on We the People sign purchase. Heidi C., Hillsboro MO, spoke in favor of prayer. Gary Feller, 1536 Boones Lick, St. Charles MO spoke in favor of prayer. Dr. Lucy Marshall, 5988 Mid Rivers Mall Drive, St. Charles MO spoke in favor of In God We Trust Legal Motto. Donald Fitz, 3930 Jacobs Landing, St. Charles, MO spoke in favor of In God We Trust. Carol Pitzer, 1220 Rose Hill Lane, St. Peters, MO spoke in favor of prayer before meeting. James F. Barnhart, 4661 Chippewa Way, St. Charles, MO spoke about retaining In God We Trust motto. Chelsea Auton, 525 Kimberly Lane, St. Peters, MO spoke in favor of In God We Trust motto. Mary Ann Boatright, Meadowsweet, St. Peters, MO spoke in favor of Prayer/In God We Trust motto. Michael Kern, 13 Pinehurst Court, St. Peters, MO spoke in favor of In God We Trust motto. Alderman Bateman stepped out of the meeting in progress at 7:17 p.m. and returned at 7:19 p.m. The following individuals submitted public comments cards but were unable to speak due to time limitation: Rosa Estrada of 1519 Santa Maria St, St. Charles; Bob Klein, 649 Millwood Drive, St. Peters; Sandra Melchior, 7 Apple Tree Court, St. Peters; Brandy Pedersen, 115 Kimberly, St. Peters; Walter Knaust, 221 Menne Road, O Fallon; Judith Marshall, 609 Peace Drive, O Fallon; Diana Kaufman, 37 Red Mill Court, St. Peters; Mark O Heron, 564 Wyatt Drive, St. Peters; Ruth Dyer, 3201 Dyer Road, St. Paul, Missouri; Sherrie Fornkahl, 1447 DePorres Lane, St. Charles; Richard Shaw, 3 Newberry Court, St. Peters. The following individuals submitted written comments on public comment cards but did not speak: Kathy O Brien, 621 Loughmore Pass, Weldon Springs, MO, in favor of In God We Trust motto.

10 Board of Aldermen Minutes: City of St. Peters April 12, 2018 Page 3 of 6 Roseann McArthy, 1499 Brittany Cove, Cottleville, MO, in favor of In God We Trust motto. Stephanie Helfris, 23 Spring Wood Drive, St. Peters, MO, in favor of In God We Trust motto. Mrs. Weber, 18 Briarwood Lane, St. Charles, MO, in favor of prayer in public offices. Walter Knaust, 221 Menne Road, O Fallon, MO, in favor of In God We Trust motto. Mary Pat Muich, 2 Glenview Drive, St. Charles, MO, In favor of prayer before meetings and In God We Trust motto. COMMUNICATIONS FROM THE ELECTED OFFICIALS Elected Officials made comments during this time. ANNOUNCEMENTS PUBLIC HEARINGS None UNFINISHED BUSINESS ITEMS None NEW BUSINESS ITEMS MOTION/APPROVED: BILL NO : ORDINANCE NO. 6940: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES FOR THE CENTENNIAL GREENWAY PHASE 4 PROJECT (FEDERAL PROJECT NO. TAP-7305(618)) Alderman Thomas moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Thomas moved and Alderman Reitmeyer seconded the motion to read Bill No for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Barclay moved and Alderman Aytes 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: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6941: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES FOR THE GATESWOOD (P-32) AND THE HUNTERS VALLEY (P-33) STORM WATER IMPROVEMENTS PROJECTS Alderman Shea moved and Alderman Bateman seconded the motion to introduce the Bill. The motion carried. Alderman Shea moved and Alderman Bateman seconded the motion to read Bill No for the first time. The motion carried and Alderman Barclay read the Bill. Alderman Reitmeyer moved and Alderman Shea seconded the motion to read the Bill for the second time.

11 Board of Aldermen Minutes: City of St. Peters April 12, 2018 Page 4 of 6 The motion carried and Alderman Thomas read the Bill. Alderman Bateman moved and Alderman Thomas 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: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6942: AN ORDINANCE DESIGNATING THE DEPOSITORY OF THE CITY OF ST. PETERS FUNDS FOR A PERIOD ENDING MAY 31, 2020 PURSUANT TO SECTION REVISED STATUTES OF MISSOURI Alderman Bateman moved and Alderman Violet seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Violet 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 Bateman moved and Alderman Thomas 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: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6943: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AGREEMENTS PROVIDING FOR A PERMANENT TRAFFIC SIGNAL EASEMENT AND TWO TEMPORARY CONSTRUCTION EASEMENTS FROM INGRAM FAMILY LIMITED PARTNERSHIP FOR THE MID RIVERS MALL DRIVE CORRIDOR IMPROVEMENT PROJECT Alderman Bateman moved and Alderman Violet seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Violet seconded the motion to read Bill No for the first time. The motion carried and Alderman Aytes read the Bill. Alderman Reitmeyer moved and Alderman Aytes seconded the motion to read the Bill for the second time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Aytes moved and Alderman Thomas 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: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6944: AN ORDINANCE PROVIDING FOR AND AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT WITH ST. CHARLES COUNTY, MISSOURI, FOR USE OF ST. CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS FOR PREMIER 370 BUSINESS PARK TRANSPORTATION IMPROVEMENTS NEEDED TO SUPPORT THE AMAZON FULFILLMENT CENTER PROJECT

12 Board of Aldermen Minutes: City of St. Peters April 12, 2018 Page 5 of 6 Alderman Shea moved and Alderman Barclay seconded the motion to introduce the Bill. The motion carried. Alderman Shea moved and Alderman Barclay seconded the motion to read Bill No for the first time. The motion carried and Alderman Shea read the Bill. Alderman Bateman moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Barclay read the Bill. Alderman Reitmeyer moved and Alderman Violet 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: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6945: AN ORDINANCE PROVIDING FOR AND AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT AGREEMENT WITH ST. CHARLES COUNTY, MISSOURI, FOR USE OF SAINT CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS FOR ROAD IMPROVEMENTS NEEDED TO SUPPORT THE AMAZON FULFILLMENT CENTER PROJECT Alderman Bateman moved and Alderman Thomas seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Thomas seconded the motion to read Bill No for the first time. The motion carried and Alderman Thomas read the Bill. Alderman Bateman moved and Alderman Barclay seconded the motion to read the Bill for the second time. The motion carried and Alderman Bateman read the Bill. Alderman Bateman moved and Alderman 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: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/ADOPTED: RESOLUTION NO. 1560: A RESOLUTION OF THE CITY OF ST. PETERS, MISSOURI APPROVING A PLAN FOR THE ACQUISITION, IMPROVEMENT AND EQUIPPING OF A FACILITY FOR AN INDUSTRIAL DEVELOPMENT PROJECT IN THE CITY Alderman Barclay moved and Alderman Bateman seconded the motion to introduce the Resolution. The motion carried. Alderman Barclay moved and Alderman Bateman seconded the motion to read the Resolution for the first time. The motion carried and Alderman Violet read the Resolution. Alderman Bateman moved and Alderman Barclay seconded the motion to put the Resolution to a final vote. The motion was approved and Resolution No was adopted. Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Absent Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 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.

13 Board of Aldermen Minutes: City of St. Peters April 12, 2018 Page 6 of 6 ADJOURNMENT Alderman Thomas moved and Alderman Violet seconded the motion to adjourn the Regular Board of Aldermen meeting. Motion approved and the Regular Board of Aldermen meeting adjourned at approximately 8:21 p.m. Respectfully submitted, Patricia E. Smith City Clerk

14 E-03a NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of St. Peters will hold a public hearing at 6:30 p.m. on Wednesday, April 4, 2018 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Drive and Grand Teton Drive 1020 Grand Teton Drive. The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance the special use described below. All interested citizens will have the opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the City before the meeting by calling or writing to the City Administrator at P.O. Box 9, St. Peters, MO, 63376, or Petition Uptown Cheapskate requests a special use permit for the sale of used merchandise in the C-3 General Commercial District on a 28 +/- acre parcel. The subject site is located on the north side of the I-70 Service Road North, east of Mid Rivers Mall Drive (The Shoppes of Mid Rivers). LOCATION MAP Main St. Mid Rivers Mall Dr. Interstate 70 site The Shoppes of Mid Rivers I-70 Service Road North N.T.S. North LEGAL DESCRIPTION A legal description of the subject property is on file at the City of St. Peters Planning Department.

15 E-03b NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of St. Peters will hold a public hearing at 6:30 p.m. on Wednesday, April 4, 2018 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Road and Grand Teton Drive (1020 Grand Teton Drive). The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance the proposed zoning district described below. All interested citizens will have the opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the City before the meeting by calling or writing to the City Administrator at P.O. Box 9, St. Peters, MO, 63376, or Petition Terra West, LLC requests a Planned Urban Development (PUD) for a /- acre parcel. The subject site is located on the north side of Route 364, east of Mid Rivers Mall Drive. Proposed use: multiple-family units. LOCATION MAP N.T.S. Mid Rivers Mall Drive Site Route 364 Robert Ridge Dr. Kisker Road North LEGAL DESCRIPTION A legal description of the subject property is on file at the City of St. Peters Planning Department.

16 Appointments will run from May 2018 to April 2019 I-01 Board of Aldermen President: Board of Aldermen Board and Commission Assignments Planning and Zoning Commission: Alderman Rocky Reitmeyer Parks, Recreation & Arts Advisory Board: Alderman Terri Violet and Alderman Jerry Hollingsworth Veterans Memorial Commission: Alderman Dave Thomas Senior Advisory Committee: Alderman Judy Bateman St. Peters Green Team: Outpatient Surgical Treatment Center Medical Review Board: Alderman Don Aytes

17 BILL NO I-02 ORDINANCE NO. AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE C-3 GENERAL COMMERCIAL DISTRICT TO PERMIT THE SALE OF USED MERCHANDISE, IN RESPONSE TO PETITION (UPTOWN CHEAPSKATE) 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-3 General Commercial District to permit the sale of used merchandise; 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 Uptown Cheapskate, to permit the sale of used merchandise: LEGAL DESCRIPTION Kaplan Subdivision Plat 3 Final Plat as recorded in Book 50 Page 19 at the St. Charles County Recorder s Office.

18 SECTION 2. The Board of Aldermen of the City of St. Peters, Missouri, does hereby authorize the requested special use by Uptown Cheapskate, in the C-3 General Commercial District to permit the sale of used merchandise 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. Attest: Read two times, passed, and approved this 26 th day of April, Patricia E. Smith, City Clerk As Presiding Officer and as Mayor Len Pagano, Mayor Approved this 26th day of April, Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

19 BEFORE THE BOARD OF ALDERMAN OF THE CITY OF ST. PETERS, MISSOURI ) ) ) In re: Application for Special Use ) Permit -- ) ) Application No ) U.C. St. Louis #1, LLC, Applicant ) (Uptown Cheapskate) ) FINDINGS OF FACT AND CONCLUSION OF LAW INTRODUCTION On March 2, 2018, pursuant to the requirements of Section of the Code of the City of St. Peters, Missouri (the City Code ), U.C. St. Louis #1, LLC (the Applicant ) submitted to the City of St. Peters, Missouri (the City ), Application No for a Special Use Permit requesting a permit to use certain property within the C-3 General Commercial District as a retail sales of any used goods, wares or merchandise (the Application ), which property is located on the North side of I-70 North Service Road, east side of Mid Rivers Mall Drive, more commonly known as the Shoppes of Mid Rivers, and is more particularly described in the legal description attached hereto as Exhibit A ( the property ). Specifically, the Applicant requested the following use: retail sales of any used goods, wares or merchandise. Pursuant to the Application and the requirements of the Section C.4 of the City Code, a hearing was conducted before the Board of Alderman on April 26, 2018 a copy of the video recording of which is available in the office of the City Clerk and is incorporated by reference herein (the Hearing ). At such Hearing all persons-in-interest and other citizens were given an opportunity to be heard regarding the proposed Special Use Permit. 1

20 The Board of Alderman now makes its findings based upon the following: A. The Application, submitted by the applicant on March 2, 2018, a copy of which is attached hereto as Exhibit F and incorporated by reference herein; B. The sworn testimony of, provided at the Hearing; C. The Site Plan, a copy of which is attached hereto as Exhibit B and incorporated by reference herein; D. The City Code, a copy of which is on file in the Office of the City Clerk and is incorporated as though fully set forth herein; E. The City s Comprehensive Plan, a copy of which is available in the office of the City Clerk and incorporated by reference herein; F. The Zoning Map of the City, a copy of which is available in the office of the City Clerk and incorporated by reference herein; G. The Architectural Elevations, a copy of which is attached hereto as Exhibit C 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 Mid Rivers Investment Partners, LLC, (the Owner ). B. The Applicant will lease a portion of the Property commonly known as The Shoppes of Mid Rivers (the Premises ). C. The Property is in the C-3 General Commercial District D. Section D. of the City provides that Special Uses within the C-3 General Commercial District include, Retail sales of any used goods, wares or merchandise, but excluding used motor vehicles. 2

21 CONCLUSIONS OF LAW At a public meeting held on April 26, 2018, the Board of Aldermen of the City of St. Peters, Missouri, reviewed and discussed the Application, the sworn testimony and the additional information presented by all interested parties. Following discussion of the foregoing, and after each Board Member had been provided the opportunity to express their respective thoughts concerning the Application, a motion was made to approve the Application, with details of the motion, seconding of the motion, and vote of the Board members set forth in the approved minutes of the Board of Aldermen from the meeting. The vote of the Board was ( ) in the affirmative, ( ) in the negative, and ( ) member absent. The motion passed and the Application was approved. Pursuant to the foregoing vote, the Board of Aldermen makes the following conclusions of law: A. The proposed Special Use complies with all applicable provisions of the City Code, including intensity of use regulations, setback regulations and use limitations. B. The proposed Special Use of the Property will contribute to and promote the general, welfare, health, safety and convenience of the public. C. The location and size of the Special Use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the Property with respect to streets giving access to it are such that the Special Use will not adversely affect the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. D. Off-street parking and loading areas will be provided in accordance with the standards set forth in the City Code. E. Adequate utility, drainage and other such necessary facilities have been or will be provided on the Property. F. Adequate access roads, entrances and exit drives are being provided and are so designed to prevent traffic hazards and to minimize traffic congestion on public streets and alleys. Based on all of the circumstances, including the Application and the evidence presented to the Board of Aldermen, the Special Use Permit requested pursuant to the Application shall be, and hereby is GRANTED subject to the following terms and conditions: A. Uses: This Special Use Permit shall authorize the use of the Premises for retail sales of any used goods, wares or merchandise, but excluding used motor vehicles. The sale or trading of firearms, ammunition, or other accessories associated with firearms shall be prohibited. Any 3

22 modifications to the Property shall be subject to prior approval by the Planning and Zoning Commission, with minor modifications to be approved by the City's Planning Department. B. General Requirements: 1. The Applicant, Owner and their respective successors in interest may use the Premises for a retail store which includes the sale of new and used merchandise. a. The sale of used merchandise shall be permitted on the Premises, except for the following: weapons, guns, ammunition, knives (other than those knives typically used for food consumption which are part of a silverware set) whips, chains, rusty farm implements, automotive parts, and any item which would fall under the definition of junk yard in Section of the City Code. 2. No outside storage or display of items shall be permitted on the Premises. 3. Any items dropped off at the Premises for consignment shall be stored inside the Premises. 4. Any person selling items on consignment on the Premises shall present valid identification, including a valid driver s license, state issued identification card, Passport, or United States military identification. The identification shall be copied and stored at the facility for one year and available for review by the St. Peters Police Department upon request. 5. The configuration of the site shall be shall be as substantially shown on Exhibit B. Any minor modifications to the site shall be as approved by the Planning Department. Any substantive changes to the approved building shall first be approved by the Planning and Zoning Commission. 6. The design of the existing building on the Property shall be as substantially shown on Exhibit C. Any minor modifications to the building shall be as approved by the Planning Department. Any substantive changes to the approved building shall first be approved by the Planning and Zoning Commission. C. If any provision of the permit shall to any extent be invalid or unenforceable, the remainder of the permit shall not be affected thereby, and each such provision of the permit shall be valid and enforceable to the fullest extent permitted by law. D. The Special Use Permit shall only be valid for a period of one (1) year from the date of its approval by the Board of Alderman, unless within such period: 1. a building permit is issued for and the herein permitted use of the Premises is commenced; or 2. the Board of Aldermen, upon written request of the Owner Under Contract, grants an extension not exceeding one year, without notice of hearing. 4

23 E. The terms and conditions herein set forth shall be deemed to be covenants running with the Property. F. The Applicant and 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. IN WITNESS WHEREOF, the Applicant, Owner and City have hereunto set their hands as of the day of SEAL Mayor Attest: City Clerk STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of, 2018, before me,, a Notary Public in and for said state, personally appeared Len Pagano, who being by me duly sworn, did say that he is the Mayor of the City of St. Peters, Missouri, a Municipal Corporation of the State of Missouri, and 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 that said Mayor acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public My Commission Expires: 5

24 6

25 7

26 EXHIBIT A PROPERTY DESCRIPTION Kaplan Subdivision Plat 3 Final Plat as recorded in Book 50 Page 19 at the St. Charles County Recorder s Office A-1

27 EXHIBIT B SITE PLAN B-1

28 EXHIBIT C ARCHITECTURAL ELEVATION C-1

29 EXHIBIT D REPORT OF THE DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT Name/Location of Development: Petition Uptown Cheapskate: A request for a special use permit for the sale of used merchandise in the C-3 General Commercial District on a 28 +/- acre parcel. The subject site is located on the north side of the I-70 Service Road North, east of Mid Rivers Mall Drive (The Shoppes of Mid Rivers). (Ward 1) Staff Evaluation: The proposed business will occupy a tenant space in the Shoppes of Mid Rivers, located on the north side of the I-70 Service Road North, East of Mid Rivers Mall Drive The Shoppes of Mid Rivers Shopping center contains a variety of large and small retailers including Academy Sports, Burlington, Marshalls, Homegoods, Ulta, and Famous Shoes. The shopping center is also designed for smaller retailers such as Uptown Cheapskate. Uptown Cheapskate sells gently used clothing in the same manner as Plato s Closet and Once Upon an Child. The Shoppes of Mid Rivers is zoned C-3 General Commercial District and the proposed special use will allow the sale of both new and used home furnishings, clothing, accessories and miscellaneous household items, and consignment of merchandise. Although Uptown Cheapskate specializes in clothing, the special use permit, as with other similar special use permits, will allow the applicant to sell new and used home furnishings and decorative items such as candles, pictures, and other accessories with some consignment. The applicant will not be allowed to sell or resell ammunitions, weapons or other accessories associated with firearms or weapons. The applicant will also be prohibited from selling items that the City code defines as junk. The applicant will also be prohibited from having any outdoor displays of their merchandise. These are typical regulations which have been applied to all the resale shops in the City. Given the location of the site on a major roadway and within the larger shopping center surrounded by other commercial activity, staff is of the opinion this use would be appropriate at the proposed location. The proposed space is within a well-established commercial corridor that includes a variety of retail stores, automotive uses, restaurants, and offices. Per the City of St. Peters Zoning Code, the review of any proposed special use must include consideration of certain standards; these are addressed below: a. Character of the surrounding area: The surrounding properties include general commercial uses. To the north are railroad tracks beyond which is the Didion Recycle Center. To the east is Lou Fusz Chevrolet car dealership. To the south is Interstate 70 beyond which is Mid Rivers Mall. To the west is Mid Rives Mall Drive, beyond which is D-1

30 b. a Burger King fast food restaurant and a QT convenience gas station. The proposed use will be consistent with the scale of commercial development in the area. c. Traffic conditions in the surrounding area: This site is located on and served by the I-70 Service Road and Mid Rives Mall Drive which are adequately designed to handle the traffic levels in this area. d. Public Utility facilities: The site is currently served with all utilities. Utility services are readily available in this area. e. The Comprehensive Plan: The City s Comprehensive Plan, as amended in 2009, indicates the site area is planned for commercial uses. The proposed use of the sale of new and used merchandise, including consigned items, would be consistent with the plan. f. Other matters pertaining to general welfare: The use of this site for a resale shop will allow the existing shopping center to utilize unused tenant space. The proposed use should have no negative impact on the general welfare of the community because of its location along a major thoroughfares surrounded by commercially zoned properties. Staff Recommendation: Noting the above review, staff recommends approval of Petition subject to the requirements of the attached Special Use Permit. D-2

31 EXHIBIT E PLANNING AND ZONING COMMISSION RECOMMENDATION Petition Uptown Cheapskate: A request for a special use permit for the sale of used merchandise in the C-3 General Commercial District on a 28 +/- acre parcel. The subject site is locate don the north side of the I-70 Service Road North, east of Mid Rivers Mall Drive (The Shoppes of Mid Rivers). Mr. Lyle Armstrong and Ms. Natalie Armstrong, Owners of Uptown Cheapskate, presented this to the Commission for approval. Ms. Armstrong explained that the proposed business will occupy a tenant space in the Shoppes of Mid Rivers between Ulta and OshKosh/Carters. Uptown Cheapskate specializes in clothing and accessories, new and used. The applicant indicated they have successfully operated this business in other locations in the Midwest. The special use permit will prohibit any outdoor displays of merchandise. In addition, the applicants will not be allowed to sell or resell ammunitions, weapons or other accessories associated with firearms or weapons. The applicants will also be prohibited from selling items that the City Code defines as junk. Chairman McNames opened the public hearing at 7:19 p.m. and asked anyone wishing to speak on this petition to please come forward. Seeing no one present to comment, Chairman McNames closed the public hearing at 7:19 p.m. Mr. Westhoff made a motion and Mr. Yoffie seconded to adopt staff s Findings of Fact as the Commission s Finings of Fact. The motion carried unanimously. Mr. Kelley made a motion and Mr. Bailey seconded to recommend approval of this Special Use Permit to the Board of Aldermen. The motion carried unanimously. E-1

32 EXHIBIT F APPLICATION F-1

33 F-2

34 BILL NO I-03 ORDINANCE NO. AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A PLANNED URBAN DEVELOPMENT AGREEMENT WITH DIERBERGS FIVE, LP AND TERRA WEST, LLC FOR DEVELOPMENT OF THE RESERVE AT MID RIVERS WHEREAS, Dierbergs Five, LP, owners, and Terra West, LLC, owner under contract, of a tract of land containing /- acres; and WHEREAS, the owner under contract is desirous of developing the property for multiple family apartments; and WHEREAS, all parties believe it to be in their mutual best interests to amend the terms and conditions as set forth in the Planned Urban Development Agreement, in substantially the form attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri be and is hereby authorized to execute on behalf of the City of St. Peters, Missouri, a PUD Agreement with Dierbergs Five, LP and Terra West, LLC for development of a tract of land known as the Reserve at Mid Rivers in substantially the form attached hereto and marked as Exhibit A. SECTION 2. Savings Clause

35 Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 3. Severability Clause If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 4. This Ordinance shall take effect and be in force from and after its passage by the Board of Aldermen and its approval by the Mayor of the City of St. Peters, Missouri. Read two times, passed, and approved this 26 th day of April, As Presiding Officer and as Mayor Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk Approved this 26 th day of April, 2018 Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

36 Exhibit A PLANNED URBAN DEVELOPMENT AGREEMENT Reserve at Mid Rivers THIS PUD DEVELOPMENT AGREEMENT (the Agreement ) is made and entered into as of the day of April, 2018, by and among the CITY OF ST. PETERS, MISSOURI, a Fourth Class City in the County of St. Charles, Missouri, and a municipal corporation organized and existing under the laws of the State of Missouri (hereinafter collectively referred to as City ) and Dierbergs Five, LP, a Delaware limited partnership (hereinafter referred to as Owner ) and Terra West, LLC, a Missouri limited liability company, (hereinafter referred to as Owner under Contract ) (Owner and Owner Under Contract hereinafter sometimes referred to collectively as Property Owner ). WITNESSETH: WHEREAS, Owner is the fee simple owner of an approximately acre tract of land legally described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter referred to as the Property ); and WHEREAS, Owner Under Contract is desirous of developing the Property for multiplefamily dwellings; and WHEREAS, the City and Property Owner desire to enter into an agreement setting forth Owner Under Contract s intended development of the Property, as contemplated by the City s Zoning and Subdivision Regulations established by Title IV. Land Use, Chapter 405 of the St. Peters City Code, along with any amendments thereto (the Zoning Ordinance ); and WHEREAS, the Property is zoned C-3 General Commercial District; and WHEREAS, Property Owner is requesting approval of a R-3(A), Multiple-Family Residential District, Planned Urban Development; and WHEREAS, City and Property Owner desire that a Planned Urban Development, as defined and provided for by the appropriate sections of the Zoning Ordinance, be established upon the Property, and that the Property be developed in a manner consistent with the Site Plan and/or Preliminary Plat attached hereto as Exhibit B and incorporated herein by this reference (the Development Plan ); and 1

37 WHEREAS, City, in approving the Planned Urban Development (PUD) designation for the Property, along with approval of the Development Plan, requires that a contract be entered into for the purpose of providing for completion of the Development Plan so approved and restricting the land uses to those indicated in the Development Plan. NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Property Owner will proceed with construction of the Planned Urban Development in accordance with the aforementioned Development Plan (or in accordance with a revised Development Plan, if any such be proposed by the Property Owner, or its successors or assigns, and subsequently be approved by the City, all in conformance with the then controlling sections of the Zoning Ordinance). 2. Property Owner will cause to be prepared and submitted to the City for its approval, all necessary plans for the installation of public streets, street lights, storm and sanitary sewers, waterlines, sidewalks, street signs and other appurtenant public structures required, if any. 3. Property Owner will cause to be prepared and submitted to the City for its approval, a final plat, suitable for recording with the County Recorder of Deeds, upon which will be shown all land, if any, to be dedicated for public street purposes, and all easements necessary for the installation or maintenance of public utilities, if any. 4. Property Owner agrees that construction of the public improvements will be commenced on the Property within a period of two (2) years from the date of this Agreement. In the event that such construction is not commenced on the Property within said two (2) year period, then the Development Plan approved by the Board of Aldermen, hereinafter referred to as the Board, shall terminate and be deemed null and void unless such time period is extended by the Planning and Zoning Commission, hereinafter referred to as the Commission, for due cause shown, and approved by the Board. Upon termination of the Development Plan, the Planning and Zoning Commission shall review any changes in the Zoning District Map approved herein. If the Commission finds said changes to no longer be appropriate, the Commission shall recommend to the Board that the map be revised in accordance with the procedures for changes and amendments. The Property Owner further agrees that the construction of all public improvements shall be completed within three (3) years from the start of such construction, or five (5) years from the date hereof, whichever is less, unless such periods are extended by the Commission, for due cause shown, and approved by the Board. 2

38 5. The City agrees that Property Owner (or its successors in interest) are entitled to develop the land described in Exhibit A in conformance with the Development Plan, except that as concerns those matters not addressed therein, Property Owner will comply with the Ordinances of the City. 6. Property Owner agrees that it will develop the Property for multiple-family dwelling uses only as shown on the Development Plan, to be submitted to the City consistent with the requirements of the Zoning Ordinance, and Property Owner and City further agree that if construction of the public improvements for the Property is not completed in accordance with the terms of Section 4 hereof and the aforesaid Development Plan, or such extension thereof as may be granted by the City, then the remaining undeveloped portion of the Property may not be developed nor will any building permits be issued unless and until a new Agreement is approved by the City and Property Owner, or unless the undeveloped portion of the Property is first rezoned. 7. City will issue building permits with respect to the Property in as timely a manner as practicable, or will enumerate in writing the reasons, if any, why such permits cannot be issued, so that Property Owner may efficiently pursue completion of the Development Plan within the time frames set forth herein. 8. Property Owner, having to the best of its knowledge provided City with all information required by the appropriate sections of the Zoning Ordinance pertaining to a Planned Urban Development, agrees that any information inadvertently omitted will be provided upon request, as soon as it may reasonably be obtained. 9. The uses permitted on the Property shall include multiple-family dwellings and accessory recreation facilities including, but not limited to, one (1) clubhouse and pool that shall be constructed on the site. 10. The dwelling unit density permitted on the Property shall include: a. A maximum of 462 dwelling units; and b. No dwelling unit shall contain more than three (3) bedrooms. 11. Building setbacks shall comply with the setback requirements in the R-3(A) Multiple- Family Residential District. 12. Building height shall not exceed thirty-five (35) feet in height. 13. A maximum of ten percent (10%) of the units may be less than the minimum unit square footage as designated in Section of the Zoning Ordinance. 14. All drive aisles within the Property shall be private. 3

39 15. A landscape plan in compliance with the City s Tree and Landscape Regulations set forth in Chapter 535 of the St. Peters City Code and as indicated on Exhibit B shall be installed and maintained. 16. Recreation facilities shall be as generally shown on Exhibit B. 17. Development of the Property shall meet the exterior lighting requirements for the R- 3(A) Multiple-Family Residential District as stated in the St. Peters City Code. 18. Building elevations and exterior architectural and building materials shall be as indicated on Exhibit C attached hereto. 19. Management of stormwater shall comply with the St. Peters City Code. 20. City trash service shall serve the Property, including recycling services, until such time as not required by the City of St. Peters. 21. All electric service serving the Property shall be run underground unless otherwise waived by the City Engineer. 22. The City shall accept for dedication in accordance with City ordinances any public streets, streetlights, water, storm and sanitary sewer main lines serving the Property. Following the installation of all such public improvements on the Property by Property Owner, the City shall inspect the same and provided they conform to the plans and specifications approved by the City for the same, the City shall accept the same for dedication. The City and Property Owner shall enter into a standard escrow agreement for these public improvements whereby Property Owner shall deposit with the City a construction deposit, a sum for grading and restoration, and a maintenance deposit, all in compliance with and pursuant to Section F of the St. Peters City Code. 23. Property Owner may, with the prior written approval of the City, assign its rights and obligations under this Agreement in connection with any conveyance of its interest in all or part of the Property to any third party who is not a signatory to this Agreement, provided that (i) any such assignee agrees to assume the Property Owner s obligations under this Agreement with respect to the Property, (ii) upon such assignment and assumption, Property Owner shall, as relates to the Property, be released from the terms hereof, and (iii) any assignment of the rights or obligations hereunder shall be in writing and shall be recorded in the records of the Office of the Recorder of Deeds of St. Charles County, Missouri. Anything to the contrary contained herein notwithstanding, this Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, and their successors and assigns. 24. In the event the parties hereto desire to make a non-material change to this Agreement, the City Administrator of the City shall have the power to enter into a written 4

40 agreement incorporating such change into the Agreement and to bind the City thereby. No amendment or change to this Agreement shall be valid unless the same is in writing, signed by both parties. 25. If any provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 26. The City hereby approves the Development Plan attached to this Agreement as Exhibit B, subject to the qualifications contained herein. 27. Property Owner agrees that all public improvements shall be constructed to meet all applicable state and local codes, and shall comply with all of the City s applicable Ordinances and street construction standards. 28. In the event that either party hereto brings an action or proceeding for a declaration of the rights of the parties under this Agreement or for any alleged breach or default thereof, the prevailing party to such action shall be entitled to an award of all of its costs, including reasonable attorney s fees, and any court costs incurred in said action or proceeding in addition to other damages or relief awarded, regardless of whether final judgment is entered in such action or proceeding. 29. Time is of the essence with respect to this Agreement. 30. This Agreement constitutes the entire undertaking between the parties hereto and supersedes any and all prior agreements, arrangements and understandings, if any, between the parties hereto or the predecessors in interest of either of them with respect to the subject matter hereof. 31. City, Owner and Owner under Contract each represent to the other that they have the full right, power and authority to enter into this Agreement and to fully perform their obligations hereunder. Each person executing this Agreement warrants and represents that each has the authority to execute this Agreement in the capacity stated and to bind the City and Property Owner, respectively, except as otherwise specifically set forth herein. IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day and year first above written. 5

41 SEAL CITY OF ST. PETERS, MISSOURI By: Russell W. Batzel, City Administrator Attest: Patricia E. Smith, City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF ST. CHARLES ) On this day of, 2018, before me appeared Russell W. Batzel, City Administrator, to me personally known, who, being by me duly sworn, did say that he is the City Administrator of the City of St. Peters, Missouri, and 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 City Administrator acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State the day and year first above written. My Commission Expires: Notary Public 6

42 OWNER: DIERBERGS FIVE, LP, a Delaware limited partnership By: Robert J. Dierberg, Chairman STATE OF MISSOURI ) ) SS COUNTY OF ST. LOUIS ) On this day of, 2018, before me personally appeared Robert J. Dierberg, of Dierbergs Five, LP, a Delaware limited partnership, known to me to be the person who executed the within Agreement in behalf of said partnership and acknowledged to me that he or she executed the same for the purposes therein stated.. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State the day and year first above written. My Commission Expires: Notary Public 7

43 OWNER UNDER CONTRACT: TERRA WEST, LLC, a Missouri limited liability company By: Joseph Nipcon, President STATE OF MISSOURI ) ) SS COUNTY OF ) On this day of, 2018, before me personally appeared JOSEPH NIPCON, to me personally known, who, being by me duly sworn, did say that he is a President of TERRA WEST, LLC, a Missouri limited liability company, and that said instrument was signed on behalf of said limited liability company; and said JOSEPH NIPCON 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. Notary Public My Commission Expires: 8

44 EXHIBIT A LEGAL DESCRIPTION A TRACT OF LAND BEING ALL OF LOTS 2 AND 3 OF DIERBERGS 94 CROSSING SUBDIVISION PHASE 3 AS RECORDED IN PLAT BOOK 41 PAGES 131 AND 132 OF THE ST. CHARLES COUNTY, MISSOURI RECORDS AND BEING A PART OF U.S. SURVEYS 58 AND 1785, TOWNSHIP 46 NORTH, RANGE 3 EAST, CITY OF ST. PETERS, ST. CHARLES COUNTY, MISSOURI AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2C OF THE RESUBDIVISION OF LOT 2 OF HOME DEPOT ADDITION TO CITY OF ST. PETERS AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 37 PAGES 232 AND 233 OF THE ST. CHARLES COUNTY RECORDS AND BEING A CORNER OF LOT 3 OF DIERBERGS 94 CROSSING SUBDIVISION PHASE 3 ON THE EAST LINE OF MID RIVERS MALL DRIVE, VARIABLE WIDTH; THENCE DEPARTING THE EAST LINE OF MID RIVERS MALL DRIVE WITH THE SOUTH LINES OF LOTS 2C AND 2B OF THE AFORESAID RESUBDIVISION OF LOT 2 OF HOME DEPOT ADDITION, NORTH EAST FEET TO A POINT; THENCE, DEPARTING THE SOUTH LINE OF SAID HOME DEPOT RESUBDIVISION WITH THE WEST, SOUTH AND EAST LINES OF LOT 1 OF AFORESAID DIERBERGS 94 CROSSING SUBDIVISION PHASE 3, SOUTH EAST FEET, NORTH EAST FEET, NORTH EAST FEET AND NORTH WEST TO THE NORTHEAST CORNER OF SAID LOT 1 AND BEING ALSO THE SOUTHWEST CORNER OF LOT 37 OF CLOVER MEADOWS AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 9 PAGE 42 OF THE ST. CHARLES COUNTY RECORDS; THENCE, WITH THE SOUTH LINE OF CLOVER MEADOWS AND IT S DIRECT PROLONGATION EASTERLY, SAID LINE ALSO BEING THE NORTH LINE OF LOT 3 OF AFORESAID DIERBERGS, NORTH EAST FEET TO THE NORTHEAST CORNER OF LOT 3; THENCE, WITH THE EAST LINE OF SAID LOT 3, SOUTH EAST FEET TO A POINT ON THE NORTH LINE OF MISSOURI STATE HIGHWAY 94, VARIABLE WIDTH; THENCE, WITH THE NORTH LINE OF SAID HIGHWAY 94 AND BEING ALSO THE SOUTH LINES OF LOTS 3 AND 2 OF SAID DIERBERGS, THE FOLLOWING: SOUTH WEST FEET, SOUTH WEST FEET, SOUTH WEST , SOUTH WEST FEET, NORTH WEST FEET AND SOUTH WEST FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE, WITH THE WEST LINE OF LOT 2, NORTH WEST FEET TO THE NORTHWEST CORNER THEREOF; THENCE, WITH THE NORTH LINE OF LOT AA-S OF SAID DIERBERGHS 94 CROSSING SUBDIVISION PHASE 3, BEING ALSO A COMMON LINE WITH AFORESAID LOT 3, WITH THE ARC OF A CURVE TO THE RIGHT, BEING NON- TANGENT TO THE LAST MENTIONED COURSE, HAVING A RADIUS OF B-1

45 FEET, AN ARC DISTANCE OF FEET AND A CHORD WHICH BEARS SOUTH WEST FEET TO A POINT OF TANGENCY; THENCE, SOUTH WEST FEET TO A POINT OF CURVATURE; THENCE, WITH AN ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF FEET AND AN ARC DISTANCE OF FEET TO A POINT OF TANGENCY; THENCE, SOUTH WEST FEET TO THE NORTHWEST CORNER OF SAID LOT AA-S AND BEING ON THE AFORESAID EAST LINE OF MID RIVERS MALL DRIVE; THENCE WITH THE EAST LINE OF SAID MID RIVERS MALL DRIVE, NORTH WEST FEET TO THE POINT OF BEGINNING AND CONTAINING ACRES, MORE OR LESS, ACCORDING TO RECORD INFORMATION AND SUBJECT TO THE RESULTS OF A FUTURE PROPERTY BOUNDARY SURVEY. B-2

46 EXHIBIT B DEVELOPMENT PLAN B-3