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 September 27, :30 P.M. A. Call to Order, Mayor Len Pagano B. Roll Call C. Opening Ceremonies 1. Invocation 2. Pledge of Allegiance 3. Recognition: Above and Beyond Award D. Approval of Minutes: The Board of Aldermen Work Session meeting of September 13, 2018; and the Regular Board of Aldermen meeting of September 13, E. Reports of Officers, Boards and Commissions 1. Mayoral Report of Appointments to Boards and Commissions 2. City Administrator s Report: 3. Report of Director, Planning, Community and Economic Development: a. Petition Change of Zoning, Payne Family Homes, LLC Powers b. Petition Special Use Permit, Off the Leash Dog Grooming, LLC Powers 4. St. Peters Business Spotlight: None F. Open Forum 1. Citizens Petitions and Comments 2. Communications from the Elected Officials 3. Announcements F. Public Hearings: None H. Unfinished Business Items: None

2 I. New Business Items: 1. Board President Selection [Sponsor: Barclay] 2. Bill No : Bill amending certain sections of the Municipal Code of the City of St. Peters, Title IV: Land Use pertaining to zoning property within said City in response to rezoning Petition Number Payne Family Homes, LLC, by making certain changes in the designated districts in certain sections of said City 3. Bill No : Bill approving a Special Use Permit in the C-3 General Commercial District to permit a kennel, in response to Petition (Off The Leash Dog Grooming LLC) and adopting the Findings of Fact and Conclusions of Law with respect thereto 4. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to enter into a project agreement with Prime Properties and Estates, LLC and Clarendale at St. Peters, LLC for improvements to an existing detention basin located on Prime Properties and Estates, LLC 5. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to execute a certain Subrecipient Agreement between St. Charles County (Grantee) and the City of St. Peters (Subrecipient) for conducting City Community Development Block Grant (CDBG) Programs with 2018 Federal Funding 6. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to enter into an agreements providing for a Permanent Sanitary Sewer Line Easement, a Permanent Storm Sewer Line Easement and a Permanent Utility Easement within adjusted Lot 1A-2 of the boundary adjustment plat of Lot 1A-2 of St. Peters Corporate Centre 3 (Saint Development Inc.) 7. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into an agreements providing for a Temporary Construction Easement and a Permanent Utility Easement for construction of the Rainbow Drive Storm Water Improvements Project P-13 (Deien) 8. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into an agreement providing for three (3) Permanent Drainage and Utility Easements for construction of the Ditch B Improvements North of I-70 Project (Industrial Realty Group, LLC) 9. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to execute an agreement with Gershenson Construction Company, Inc. for construction of the Mid Rivers Mall Drive Corridor Improvement Project (Federal Project No. TAP 7305(616)) 10. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to execute contract change order no. 2 with Gershenson Construction Company, Inc. for the P-28, Jungermann Road Stream and Trail Improvements Project 11. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to execute an amendment no. 1 to agreement for engineering services with George Butler Associates for the Mid Rivers Mall Drive Widening Project 12. Resolution concerning Voluntary Annexation 216 Eisenhower

3 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: September 24, 2018 at 9:00 a.m. By: P. Smith, City Clerk Next Regular Board of Aldermen Meeting: October 11, 2018

4 CITY OF ST. PETERS BOARD OF ALDERMEN WORK SESSION MINUTES SEPTEMBER 13, 2018 BOARD OF ALDERMEN ITEMS FOR DISCUSSION The Work Session meeting was called to order at approximately 5:00 p.m. on Thursday, September 13, 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 Hollingsworth; Alderman Reitmeyer; Alderman Thomas; Burt Benesek, Transportation and Development Services Manager; Dave Kuppler, Health and Environmental Services Manager; Bill Malach, Water Environment Services Manager; Rick Oloteo, Recreation and Cultural Services Manager; Dan Emrick, Director of Golf and Banquet Operations; Cathy Pratt, Staff Support Services Manager; Jeff Finkelstein, Chief of Police; and Randy Weber, Special Counsel; Russ Batzel, City Administrator; Patty Smith, City Clerk. Alderman Violet and Jeff Hutsler, Parks and Golf Services Manager were absent. Alderman Hollingsworth was presiding Board President. COMMUNICATIONS FROM BOARD MEMBERS/ALDERMANIC REPRESENTATIVES Committee reports were given during this time. During communications from Board Members, discussion arose concerning the final vote on the Veterans Hall of Honor item at the previous Work Session meeting on August 23, 2018 and the discussion during the Veterans Memorial Commission meeting on September 10, The Board members explained what they recounted during the Work Session regarding the existing plaques and the new plaques, while they expressed their views on this. Alderman Thomas moved that we don t tear down or take down the existing plastic plaques until Mr. Hutsler has had the opportunity to contact the individuals involved and let them know their options regarding the Wall of Honor; albeit that goes in opposition to every one of the existing Veterans Commission members and the direction the Board gave. Being no second, the motion failed. After lengthy deliberation among the Board on whether the current plaques were voted to remain or be replaced at the Hall of Honor, Alderman Hollingsworth requested City Clerk Smith to review the meeting minutes from the previous Work Session meeting for clarification. City Clerk Smith read the motion and vote which confirmed that the vote was to approve the replacement of the current plaques with the new metal plaques. BOARD OF ALDERMEN ITEMS FOR DISCUSSION No items for discussion MAYOR/CITY ADMINISTRATOR ITEM NEW BUSINESS ITEMS:

5 City of St. Peters: Board of Aldermen Work Session Minutes September 13, 2018 Page 2 of 4 Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to remove Recommendation for Specific and Aggregate Stop Loss Policy for FY19 from the agenda for discussion. The motion was approved. RECOMMENDATION FOR SPECIFIC AND AGGREGATE STOP LOSS POLICY FOR FY19 PRATT Ms. Pratt explained that CBIZ Benefits and Insurance Services, Inc. marketed our specific and aggregate stop loss coverage for FY19; and the renewal with Cigna at an overall stop loss increase of 42.8% was the best in the market. The City has three (3) stop loss breaches this plan year; which effects the renewal rates and market quotes received. In order to reduce costs, staff is recommending that we increase our specific stop loss level from $175,000 to $200,000 to reduce the fixed costs about $87,000. The overall increase in expected annual stop loss fixed costs is $106,165 and will not need any budget adjustments. She advised the City will go back out to the market in the spring. Questions from the Alderman were addressed. No further comments or questions from the Board of Aldermen. This is business item I-07 on this evening s Board of Aldermen meeting agenda for consideration. Alderman Hollingsworth moved and Alderman Barclay seconded the motion to remove Mid Rivers Mall Drive Corridor Improvements Bid Recommendation from the agenda for discussion. The motion was approved. MID RIVERS MALL DRIVE CORRIDOR IMPROVEMENTS BID RECOMMENDATION BENESEK Mr. Benesek reminded the Board of the Mid Rivers Mall Drive Corridor Improvement Project that will widen Mid Rivers Mall Drive, create a continuous left turn lane, improvement the intersection of Cottleville Parkway and Mid Rivers Mall Drive, and add a multi-use path. Mr. Benesek provided project background and displayed an aerial photo for the project area. On August 22, 2018, staff received three (3) bid for the project. After a review of the bids, staff is recommending awarding the project to Gershenson Construction Company in the amount of $2,036, This project is eligible for 12.6% ($257,636) federal (TAP) reimbursement for trail construction and 75.7% ($1,541,654) St. Charles County reimbursement funding for all project phases with the City s cost of 11.7% ($237,494.34). With Board approval, a draft ordinance will be placed on the September 27, 2018 Board of Aldermen agenda for consideration. No comments or questions from the Board of Aldermen. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to place this item on the September 27, 2018 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the September 27, 2018 Board of Aldermen meeting agenda for consideration. Alderman Hollingsworth moved and Alderman Bateman seconded the motion to remove Mid Rivers Mall Drive and Main Street Trail Consultant Recommendation from the agenda for discussion. The motion was approved. MID RIVERS MALL DRIVE AND MAIN STREET TRAIL CONSULTANT RECOMMENDATION BENESEK

6 City of St. Peters: Board of Aldermen Work Session Minutes September 13, 2018 Page 3 of 4 Mr. Benesek explained that this item is for an amendment to the City s current engineering services agreement with George Butler and Associates for the Mid Rivers Mall Drive Widening Project. Approval of this recommendation will authorize $39,000 for the preparation of plans, specifications and easement documents to construct a multi-use path along the north side of Main Street from Mid Rivers Mall Drive to the entrance of the Old Town QuikTrip store and tie into their future planned trail along the perimeter of their property going into Old Town. With Board approval, a draft ordinance will be placed on the September 27, 2018 Board of Aldermen agenda for consideration. No comments or questions from the Board of Aldermen. Alderman Thomas moved and Alderman Bateman seconded the motion to place this item on the September 27, 2018 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the September 27, 2018 Board of Aldermen meeting agenda for consideration. Alderman Barclay moved and Alderman Hollingsworth seconded the motion to remove CDBG Urban County Subrecipient Agreement with St. Charles County from the agenda for discussion. The motion was approved. CDBG URBAN COUNTY SUBRECIPIENT AGREEMENT WITH ST. CHARLES COUNTY BENESEK Mr. Benesek reviewed the cooperation agreement for joint participation in a federal Community Development Block Grant (CDBG) funding program with the Board. This annual agreement with St. Charles County will establish responsibilities and obligations in the City s utilization of 2018 Urban County federal Community Development Block Grant funding in the amount of $200,000. With Board approval, a draft ordinance will be placed on the September 27, 2018 Board of Aldermen agenda for consideration. No comments or questions from the Board of Aldermen. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to place this item on the September 27, 2018 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the September 27, 2018 Board of Aldermen meeting agenda for consideration. Alderman Barclay moved and Alderman Hollingsworth seconded the motion to remove P-28 Jungermann Road Stream & Trail Project Contract Change Order from the agenda for discussion. The motion was approved. P-28 JUNGERMANN ROAD STREAM & TRAIL PROJECT CONTRACT CHANGE ORDER BENESEK Mr. Benesek presented a change order for the P-28 Jungermann Road Stream and Trail Project. Mr. Benesek gave a slideshow presentation on the project area. Staff is recommending a change order in the amount of $220, for the increase in the quantity of excavation required to complete the project. With Board approval, a draft ordinance will be placed on the September 27, 2018 Board of Aldermen agenda for consideration. No comments or questions from the Board of Aldermen. Alderman Thomas moved and Alderman Hollingsworth seconded the motion to place this item on the September 27, 2018 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the September 27, 2018 Board of Aldermen meeting agenda for consideration.

7 City of St. Peters: Board of Aldermen Work Session Minutes September 13, 2018 Page 4 of 4 MISCELLANEOUS UPDATES BATZEL RECYCLING AGREEMENTS KUPPLER Mr. Kuppler explained he has had conversations with cities having difficulties with single stream recycling processing and stated this may bring an increase in business opportunities to the City of St. Peters to help other cities with their recycling needs. Mr. Kuppler explained the need for a testing phase to see if the City is able to assist. No further Board of Aldermen action is required on this item. CELEBRATE ST. PETERS UPDATE BEDIAN Ms. Bedian gave an update on events at Celebrate St. Peters, which starts tomorrow night with main stage acts Pam Tillis and Lorrie Morgan on Friday night and Night Ranger on Saturday night. GOLF COURSE CLUBHOUSE UPDATE - EMRICK Dan Emrick, Director of Golf and Banquet Operations, gave a slideshow update on the construction occurring at the St. Peters golf course clubhouse. BOARD MEETING AGENDA ITEM REVISIONS BATZEL Mr. Batzel advised business item I-13, Bill , on tonight s agenda for the purchase of eight (8) police interceptor utility SUV vehicles will need to be tabled indefinitely. Ford advised they have stopped taking orders for 2019 due to a model changeover. Staff is requesting to make some adjustments before returning to the Board of Aldermen for future approval. EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION (1)(2)(3)(9)(12)(13)(14) & (1-6) No Executive Session was called at this time. ADJOURNMENT OF THE WORK SESSION Alderman Thomas moved and Alderman Hollingsworth seconded the motion to adjourn the Work Session meeting. The motion was approved and the Work Session meeting was adjourned at approximately 6:15 p.m. Submitted by, Patricia E. Smith City Clerk

8 CITY OF ST. PETERS CITY HALL BOARD OF ALDERMEN MINUTES SEPTEMBER 13, 2018 CALL TO ORDER Mayor Pagano called the Board of Aldermen meeting to order at approximately 6:30 p.m. on September 13, 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 Hollingsworth; Alderman Reitmeyer; Alderman Thomas; Chief Finkelstein; City Administrator Russ Batzel; Special Counsel Weber; and Patty Smith, City Clerk. Alderman Violet was absent. Pastor Curt Neff from Calvary Church delivered the Invocation. Mayor led the Pledge of Allegiance. PRIMARY ELECTION AUGUST 7, 2018 Copies of the certified election results from the St. Charles County Election Authority were provided to the Board of Aldermen in the meeting packets. City Clerk Smith read the Certified Election results for August 7, Proposition U was declared failed. Alderman Bateman moved and Alderman Hollingsworth seconded the motion to approve and accept the Certified Election results for August 7, The motion was approved unanimously. PROCLAMATION: CONSTITUTION WEEK ST. CHARLES NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION, PATTI DICKHERBER Alderman Hollingsworth read and presented the Proclamation to the Daughters of the American Revolution St. Charles Chapter; which designates September 17 23, 2018 as Constitution Week. Mayor Pagano stated that he received an at approximately 4:15 p.m. from Alderman Michael Shea announcing his resignation from his position effective today, September 13, 2018 at 4:59 p.m. APPROVAL OF MINUTES: THE BOARD OF ALDERMEN WORK SESSION MEETING OF AUGUST 23, 2018; AND REGULAR BOARD OF ALDERMEN MEETING OF AUGUST 23, 2018 Alderman Bateman moved and Alderman Barclay seconded the motion to approve the Board of Aldermen Work Session meeting minutes of August 23, 2018; and the Regular Board of Aldermen meeting minutes of August 23, 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 RE-APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION Alderman Reitmeyer read the following nominated individuals for re-appointment as members of the Planning and Zoning Commission: Janet Shetterly, 525 Timberidge Drive, (Ward 3) for the

9 Board of Aldermen Minutes: City of St. Peters September 13, 2018 Page 2 of 8 term effective October 1, 2018, and expiring September 30, 2022; and Bill Yoffie, 5362 Wolfrum Way, (Ward 4) for the term effective October 1, 2018, and expiring September 30, Alderman Hollingsworth moved and Alderman Thomas seconded the motion to approve the appointment. All in favor, the motion was approved. APPOINTMENT TO THE VETERANS MEMORIAL COMMISSION Alderman Thomas read the following nominated individual for appointment as member of the Veterans Memorial Commission: Richard Ross, 1114 Meadows Oaks Court, (Ward 2) for the term effective immediately and expiring December 31, Mr. Ross will be filling the vacancy of Laura Roodhouse, who resigned. Alderman Bateman moved and Alderman Aytes seconded the motion to approve the appointment. All in favor, the motion was approved. CITY ADMINISTRATOR S REPORT None REPORT OF DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT ST. PETERS BUSINESS SPOTLIGHT None OPEN FORUM CITIZENS PETITIONS AND COMMENTS Lonnie Williamson, 518 Hope Drive, spoke regarding damage to his vehicle resulted from roadwork on Mexico Road that occurred November Alderman Thomas moved and Alderman Bateman seconded the motion to extend speaking time by three (3) minutes. The motion was approved. COMMUNICATIONS FROM THE ELECTED OFFICIALS Elected Officials made comments during this time. ANNOUNCEMENTS PUBLIC HEARINGS PUBLIC HEARING FOR THE PROPOSED TAX RATES FOR CALENDAR YEAR 2018 Mayor Pagano opened the Public Hearing at 7:00 p.m. and Staff Support Services Manager Cathy Pratt explained that this Public Hearing is related to the Ad Valorem tax rate for the calendar year 2018, which generates the revenues for the fiscal year 2019 budget. The proposed tax rate for this calendar year will be $.77 per $100 of assessed valuation, based on preliminary assessed valuations. The current assessed value for the property within the City has gone up approximately 1% to $1,244,579, The bill establishing the ad valorem taxes for all real and tangible personal property is item I-08 on tonight s agenda for approval. Mayor Pagano inquired if there were any

10 Board of Aldermen Minutes: City of St. Peters September 13, 2018 Page 3 of 8 comments or concerns from the Board of Aldermen and the audience. Being no public comments or questions, Mayor Pagano closed the Public Hearing at 7:02 p.m. UNFINISHED BUSINESS ITEMS None NEW BUSINESS ITEMS MOTION/APPROVED: BILL NO : ORDINANCE NO. 7013: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AGREEMENTS PROVIDING FOR PERMANENT DRAINAGE AND UTILITY EASEMENTS FOR CONSTRUCTION OF THE DITCH B IMPROVEMENTS NORTH OF I-70 PROJECT (HALEY ENTERPRISE LLC/MMJ, L.L.C.) Alderman Reitmeyer moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Hollingsworth 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 Aytes seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Hollingsworth moved and Alderman Aytes seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Absent Bateman: Yes Thomas: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7014: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AGREEMENTS PROVIDING FOR TEMPORARY CONSTRUCTION EASEMENTS AND/OR PERMANENT DRAINAGE AND UTILITY EASEMENTS FOR CONSTRUCTION OF THE RAINBOW DRIVE STORM WATER IMPROVEMENTS PROJECT P-13 (WALKER/MUNDWILLER TRUSTS/BUMSTEAD/COMEAU/HARRISON/MORROW/HARRA) Alderman Bateman moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Hollingsworth seconded the motion to read Bill No for the first time. The motion carried and Alderman Barclay read the Bill. Alderman Reitmeyer moved and Alderman Hollingsworth seconded the motion to read the Bill for the second time. The motion carried and Alderman Thomas read the Bill. Alderman Thomas moved and Alderman Bateman seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Absent Bateman: Yes Thomas: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR:

11 Board of Aldermen Minutes: City of St. Peters September 13, 2018 Page 4 of 8 MOTION/APPROVED: BILL NO : ORDINANCE NO. 7015: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AGREEMENTS PROVIDING FOR A PERMANENT DRAINAGE AND UTILITY EASEMENT AND/OR TEMPORARY CONSTRUCITON EASEMENT AGREEMENTS FOR CONSTRUCTION OF THE KATHLEEN PLACE STORMWATER IMPROVEMENT PROJECT - P-24 (ASHER/GRIFFIN) Alderman Bateman moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Hollingsworth seconded the motion to read Bill No for the first time. The motion carried and Alderman 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 Reitmeyer moved and Alderman Aytes seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Absent Bateman: Yes Thomas: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7016: AN ORDINANCE AMENDING THE INTERNATIONAL CODE COUNCIL 2015 INTERNATIONAL CODES INTERNATIONAL SWIMMING POOL AND SPA CODE, AS PUBLISHED, AND AS ADOPTED BY ORDINANCE NO. 6927, AND INCORPORATE SAID AMENDMENTS INTO THE SWIMMING POOL AND SPA CODE INTO TITLE V: BUILDING AND CONSTRUCTION OF THE MUNICIPAL CODE OF THE CITY OF ST. PETERS, MISSOURI Alderman Reitmeyer moved and Alderman Bateman seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Bateman seconded the motion to read Bill No for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Hollingsworth moved and Alderman Aytes seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Absent Bateman: Yes Thomas: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7017: AN ORDINANCE AMENDING SECTION OF CHAPTER 525 PROPERTY MAINTENANCE CODE OF TITLE V: BUILDING CONSTRUCTION OF THE MUNICIPAL CODE OF THE CITY OF ST. PETERS BY REPEALING SUBSECTION 404.5, INCLUDING SUBSECTIONS AND IN THEIR ENTIRETY AND ENACTING A NEW SUBSECTION IN LIEU THEREOF Alderman Bateman moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Hollingsworth seconded the motion to read Bill No for the first time. The motion carried and Alderman Barclay read the Bill. Alderman Barclay moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Thomas read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill

12 Board of Aldermen Minutes: City of St. Peters September 13, 2018 Page 5 of 8 No passed becoming Ordinance No Barclay: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Absent Bateman: Yes Thomas: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7018: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH BAX ENGINEERING FOR THE RED MILL, HERMITAGE AND BROOKSHIRE STORM WATER DRAINAGE IMPROVEMENT PROJECT, P-31 Alderman Bateman moved and Alderman Aytes seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Aytes seconded the motion to read Bill No for the first time. The motion carried and Alderman Bateman read the Bill. Alderman Aytes moved and Alderman Bateman seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Hollingsworth moved and Alderman Aytes seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Absent Bateman: Yes Thomas: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7019: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT FOR SPECIFIC AND AGGREGATE STOP LOSS COVERAGE FOR MEDICAL BENEFIT SERVICES Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read Bill No for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Bateman moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Hollingsworth moved and Alderman Aytes seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Absent Bateman: Yes Thomas: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7020: AN ORDINANCE ESTABLISHING THE AD VALOREM TAXES FOR ALL REAL AND TANGIBLE PERSONAL PROPERTY WITHIN THE CITY OF ST. PETERS, FOR THE PERIOD OF JANUARY 1, 2018 TO DECEMBER 31, 2018 Alderman Bateman moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Hollingsworth seconded the motion to read Bill No for the first time. The motion carried and Alderman Barclay read the Bill.

13 Board of Aldermen Minutes: City of St. Peters September 13, 2018 Page 6 of 8 Alderman Hollingsworth moved and Alderman Reitmeyer 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 Barclay seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Absent Bateman: Yes Thomas: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7021: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TRAFFIC ENGINEERING ASSISTANCE PROGRAM AGREEMENT FOR THE MID RIVERS MALL DRIVE, FROM WILLOTT ROAD TO ST. PETERS-HOWELL ROAD, STUDY PROJECT (FEDERAL PROJECT NO. TEAP T001(034)020) Alderman Hollingsworth moved and Alderman Barclay seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth 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 Hollingsworth moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Aytes moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Absent Bateman: Yes Thomas: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7022: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO AN AGREEMENT PROVIDING FOR A PERMANENT WATER LINE EASEMENT WITHIN LOT 29 OF PREMIER 370 BUSINESS PARK PLAT ONE (DUKE REALTY OF INDIANA LIMITED PARTNERSHIP) Alderman Reitmeyer moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Hollingsworth 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 Hollingsworth seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Hollingsworth moved and Alderman Barclay seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Absent Bateman: Yes Thomas: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7023: AN ORDINANCE AMENDING ORDINANCE NO AND ORDINANCE NO PROVIDING FOR THE ADOPTION OF THE GENERAL FUND, DEBT SERVICE FUND, COMMUNITY DEVELOPMENT BLOCK GRANT

14 Board of Aldermen Minutes: City of St. Peters September 13, 2018 Page 7 of 8 SUBRECIPIENT FUND, COUNTY SEWER LATERAL REPAIR PROGRAM FUND, LOCAL PARKS AND STORM WATER FUND, SEWER LATERAL REPAIR PROGRAM FUND, SPECIAL ALLOCATION FUNDS, TRANSPORTATION TRUST FUND, WATER SERVICE LINE REPAIR PROGRAM FUND, 370 LAKESIDE PARK FUND, CENTRAL MATERIALS PROCESSING FACILITY FUND, GOLF AND BANQUET CENTER FUND, RECREATION FUND, SOLID WASTE FUND, AND WATER/SEWER FUND BUDGETS FOR THE CITY OF SAINT PETERS FOR FISCAL YEAR COMMENCING ON OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, Alderman Barclay moved and Alderman Aytes seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Aytes seconded the motion to read Bill No for the first time. The motion carried and Alderman Barclay read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Thomas read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Absent Bateman: Yes Thomas: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7024: AN ORDINANCE ACCEPTING FOR MAINTENANCE THE DEDICATION OF CERTAIN STREETS, STREET LIGHTS, SIDEWALKS, STREET SIGNS, STORM SEWER LINES, SANITARY SEWER LINES AND WATER DISTRIBUTION LINES IN AND CONNECTED WITH THE CROSSING AT BELLA VISTA Alderman Hollingsworth moved and Alderman Bateman seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Bateman seconded the motion to read Bill No for the first time. The motion carried and Alderman Bateman read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes 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 Barclay: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Absent Bateman: Yes Thomas: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/TABLED: BILL NO : AN ORDINANCE DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO A CONTRACT WITH JOE MACHENS FORD LINCOLN FOR THE PURCHASE OF EIGHT POLICE INTERCEPTOR UTILITY SUV VEHICLES Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to table business item I-13, Bill indefinitely. All in favor, the motion was approved. MOTION/APPROVED: BILL NO : ORDINANCE NO. 7025: AN ORDINANCE DIRECTING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A CERTAIN AMENDED AND RESTATED CONSULTING AGREEMENT

15 Board of Aldermen Minutes: City of St. Peters September 13, 2018 Page 8 of 8 Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read Bill No for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Hollingsworth moved and Alderman Barclay seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Barclay: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Absent Bateman: Yes Thomas: Yes AYES: 6 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. ADJOURNMENT Alderman Thomas moved and Alderman Bateman seconded the motion to adjourn the Regular Board of Aldermen meeting. Motion approved and the Regular Board of Aldermen meeting adjourned at approximately 7:26 p.m. Respectfully submitted, Patricia E. Smith City Clerk

16 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, September 5, 2018 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 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 Payne Family Homes LLC requests a rezoning from C-3 General Commercial District and Planned Urban Development (PUD) to Amended Planned Urban Development (PUD) for a 13.9 acre +/- tract of ground. The subject site is located on the west side of Mid Rivers Mall Drive, south of Mexico Road. Proposed Use: Single-family residences. LOCATION MAP Mexico Road St. Peters Square N.T.S Site Mid Rivers Mall Dr. North LEGAL DESCRIPTION A legal description of the subject property is on file at the City of St. Peters Planning Department.

17 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, September 5, 2018 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Drive and Grand Teton Drive. All interested citizens will have the opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the City before the meeting by calling or writing to the City Administrator at P.O. Box 9, St. Peters, MO, 63376, or Petition Off the Leash Dog Grooming, LLC requests a special use permit for a kennel on a /- acre tract in the C-3 General Commercial District. The subject site is located on the south side of South St. Peters Parkway, east of Heritage Crossing, as recorded in Book 24 Page 51 at the St. Charles County Recorder s Office, more commonly known as 2720 South St. Peters Parkway. LOCATION MAP South St. Peters Parkway Wharton St. Heritage Crossing Site Heritage Landing Gettysburg Landing N.T.S. North A detailed legal description of this property is available at St. Peters City Hall, One St. Peters Centre Boulevard.

18 Appointment will run from September 27, 2018 to April 26, 2019 PROPOSED Board President Selection Board of Aldermen President: Alderman Patrick Barclay DRAFT

19 BILL NO I-02 ORDINANCE NO. AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF ST. PETERS, TITLE IV: LAND USE PERTAINING TO ZONING PROPERTY WITHIN SAID CITY IN RESPONSE TO REZONING PETITION NUMBER PAYNE FAMILY HOMES, LLC, BY MAKING CERTAIN CHANGES IN THE DESIGNATED DISTRICTS IN CERTAIN SECTIONS OF SAID CITY WHEREAS, by Petition Number to the Board of Aldermen, a certain change was requested in the Zoning Law of the City; 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 change; and WHEREAS, at this Public Hearing persons in interest and citizens were given an opportunity to be heard on this proposed change; and WHEREAS, said Planning and Zoning Commission did consider this Petition and did recommend approval of this item to the Board of Aldermen. DRAFT NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That certain sections of the Municipal Code of the City of St. Peters, Missouri, Title IV: Land Use be amended by making the following changes in the Zoning District Map, which map is on file in the Office of the City Clerk, to rezone to Planned Urban Development (PUD) for a /- acre parcel from C-3 General Commercial District, more particularly described as follows: LAND DESCRIPTION A TRACT OF LAND BEING PART OF LOT 3 OF ST. PETERS SQUARE, A SUBDIVISION ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 30, PAGE 85 OF THE ST. CHARLES COUNTY RECORDS, TOWNSHIP 47 NORTH, RANGE 3 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF

20 ST. PETERS, ST. CHARLES COUNTY, MISSOURI AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; SAID POINT BEING ON THE EAST LINE OF MID RIVERS ESTATES PLAT TWO, A SUBDIVISION ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 23, PAGE 144 OF THE ST. CHARLES COUNTY RECORDS; THENCE ALONG SAID EAST LINE NORTH 19 DEGREES 38 MINUTES 11 SECONDS WEST FEET; THENCE NORTH 11 DEGREES 08 MINUTES 45 SECONDS WEST FEET TO A POINT; SAID POINT BEING THE COMMON CORNER OF SAID LOT 3 AND LOT 1 OF AFOREMENTIONED ST. PETERS SQUARE; THENCE ALONG THE SOUTH LINE OF SAID LOT 1, SOUTH 88 DEGREES 02 MINUTES 46 SECONDS EAST FEET TO A POINT; THENCE LEAVING SAID SOUTH LINE THE FOLLOWING COURSES AND DISTANCES; SOUTH 01 DEGREES 56 MINUTES 31 SECONDS WEST FEET; THENCE ALONG A CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 24 DEGREES 03 MINUTES 33 SECONDS EAST FEET AND WHOSE RADIUS POINT BEARS SOUTH 88 DEGREES 03 MINUTES 33 SECONDS EAST FEET FROM THE LAST MENTIONED POINT, AN ARC DISTANCE OF FEET; SOUTH 50 DEGREES 03 MINUTES 36 SECONDS EAST FEET; SOUTH 39 DEGREES 56 MINUTES 24 SECONDS WEST FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 3; SAID POINT BEING ON THE NORTH LINE OF MID RIVERS ESTATES PLAT ONE, A SUBDIVISION ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 23 PAGE 119 OF THE ST. CHARLES COUNTY RECORDS; THENCE ALONG SAID NORTH LINE, NORTH 75 DEGREES 46 MINUTES 21 SECONDS WEST FEET TO THE POINT OF BEGINNING AND CONTAINING ACRES. SECTION 2. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. 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 DRAFT 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

21 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 27 th day of September, Attest: Patricia E. Smith, City Clerk Len Pagano, as Presiding Officer and as Mayor DRAFT

22 BILL NO I-03 ORDINANCE NO. AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE C-3 GENERAL COMMERCIAL DISTRICT TO PERMIT A KENNEL, IN RESPONSE TO PETITION (OFF THE LEASH DOG GROOMING LLC) AND ADOPTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT THERETO WHEREAS, by Petition to the Board of Aldermen, a special use permit was requested in the C-3 Community Commercial District to permit a kennel; 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. DRAFT 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 Off the Leash Dog Grooming, LLC, to permit a kennel: LEGAL DESCRIPTION Heritage Plat 25, as recorded in Book 24 Page 51 at the St. Charles County Recorder s Office, more commonly known as 2720 South St. Peters Parkway

23 SECTION 2. The Board of Aldermen of the City of St. Peters, Missouri, does hereby authorize the requested special use by Off the Leash Dog Grooming, LLC, in the C-3 General Commercial District to permit a kennel 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 DRAFT If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 5. This Ordinance shall take effect and be in force from and after its passage by the Board of Aldermen and its approval by the Mayor of the City of St. Peters, Missouri. Read two times, passed, and approved this 27 th day of September, Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

24 Exhibit A BEFORE THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI ) ) ) In re: Application for Special Use ) Permit -- ) ) Application No ) Off the Leash Dog Grooming, LLC, ) ) FINDINGS OF FACT AND CONCLUSION OF LAW INTRODUCTION On August 10, 2018, pursuant to the requirements of Section of the Code of the City of St. Peters, Missouri (the City Code ), Off the Leash Dog Grooming, 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 for Kennels, including interior and exterior kennels (the Application ), which property is located on south side of South St. Peters Parkway, east of Heritage Crossing, more commonly known as 2720 South St. Peters Parkway, and is more particularly described in the legal description attached hereto as Exhibit A ( the property ). Specifically, the Applicant requested the following use: DRAFT Dog day care with boarding facility as well as future grooming salon Pursuant to the Application and the requirements of the Section C.4 of the City Code, a hearing was conducted before the Board of Aldermen on September 27, 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. The Board of Aldermen now makes its findings based upon the following: 1

25 A. The Application, submitted by the applicant on August 10, 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 DRAFT A. The Property is owned by Commercial Investments, LLC, (the Owner ). B. The Applicant will lease the Property from the Owner. C. The Property is in the C-3 General Commercial District. D. Section D.5. of the City provides that Special Uses within the C-3 General Commercial District include, Kennels, including interior and exterior kennels. E. The term Kennel is defined in Section of the City Code, as follows: The use of land or buildings for the purpose of selling, breeding, boarding, or training dogs or cats; or the keeping of four (4) or more dogs over six (6) months of age, or the keeping of four (4) or more cats over six (6) months of age, or the keeping of no more than a total of four (4) adult dogs or adult cats. 2

26 The word "selling" as herein used shall not be construed to include the sale of animals six (6) months in age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over six (6) months old by persons not operating a kennel as herein defined. INDOOR A facility where the primary holding pens for the animal and all associated noise, odors, and other activities associated with the business are primarily contained within a closed building. OUTDOOR A facility where the primary holding pens for the animal may be either inside or outside of a closed building. "Primary holding pens" shall include, but not be limited to, fenced pens, outside runs, and training areas. CONCLUSIONS OF LAW At a public meeting held on September 27, 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: DRAFT 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. 3

27 F. Adequate access roads, entrances and exit drives are being provided and are so designed to prevent traffic hazards and to minimize traffic congestion on public streets and alleys. Based on all of the circumstances, including the Application and the evidence presented to the Board of Aldermen, the Special Use Permit requested pursuant to the Application shall be, and hereby is GRANTED subject to the following terms and conditions: A. Uses: This Special Use Permit shall authorize the use of the Property for a Kennel. B. General Requirements: 1. The Owner and Applicant, and any future owner of the Property, may use the Property for a kennel in addition to all permitted uses in the C-3 General Commercial District. 2. The Owner and Applicant may operate a kennel on the Property in a manner consistent with kennel facilities, and in compliance with all local and State regulations related to kennels. 3. The Property shall be operated in compliance with all requirements of the St. Peters City Code. 4. All animals shall be housed inside a permanent climate-controlled (heated and airconditioned) building on the Property as depicted on Exhibit B. 5. An eight (8) foot tall, sight-proof vinyl fence shall be erected as shown on Exhibit B. The fence shall be a tan or gray color to compliment the subject building and surrounding properties, as coordinated with the Planning Department. DRAFT In coordination with and approval of the Planning Department, the owner has the option of reducing the size of the fenced area. Any area that will remain outside of the fenced area shall be maintained in a lawn like condition with no play equipment or other such items present. 6. All outside dog run areas shall be maintained in a lawn like condition free of mud and run-off. The installation of pavement, rock, artificial turf, or other such materials shall be as approved by the Planning Department to insure proper filtering of the stormwater runoff for urine and/or bio solids. 7. No animal shall be kept on the Property that by frequent and habitual barking, yelping, howling or whining causes fear or annoyance to persons living or working in the immediate area. 4

28 8. The configuration of the Property shall be shall be as substantially shown on Exhibit B. Any minor modifications to the Property from that shown on the Site Plan shall be as approved by the Planning Department. Any substantive changes to the existing building on the Property shall first be approved by the Planning and Zoning Commission. 9. 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. DRAFT 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 Aldermen, unless within such period: 1. a building permit is issued for and the herein permitted use of the Property is commenced; or 2. the Board of Aldermen, upon written request of the Owner or Applicant, grants an extension not exceeding one (1) year, without notice of hearing. 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 5

29 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. My Commission Expires: Notary Public DRAFT 6

30 APPLICANT Off the Leash Dog Grooming, LLC STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) By: Jared Hoyt Heacock, Member On this day of 2018, before me personally appeared JARED HOYT HEACOCK, to me personally known, who, being by me duly sworn, did say that he is a Member of Off the Leash Dog Grooming, LLC, a Missouri limited liability company, and that said instrument was signed on behalf of said limited liability company; and said JARED HOYT HEACOCK 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 7

31 OWNER Commercial Investments, LLC By: Mark A. Ratteree, Manager STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of 2018, before me personally appeared MARK A. RATTEREE, to me personally known, who, being by me duly sworn, did say that he is a Manager of Commercial Investments, LLC, a Missouri limited liability company, and that said instrument was signed on behalf of said limited liability company; and said MARK A. RATTEREE 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

32 EXHIBIT A PROPERTY DESCRIPTION Heritage Plat 25 as recorded in Book 24 Page 51 at the St. Charles County Recorder s Office, more commonly known as 2720 South St. Peters Parkway. DRAFT A-1

33 EXHIBIT B SITE PLAN DRAFT B-1

34 EXHIBIT C ARCHITECTURAL ELEVATION DRAFT C-1

35 EXHIBIT D REPORT OF THE DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT Off the Leash Dog Grooming, LLC: A request for a special use permit for a kennel on a /- acre tract in the C-3 General Commercial District. The subject site is located on the south side of South St. Peters Parkway, east of Heritage Crossing South St. Peters Parkway. Staff Evaluation: The applicant is proposing a kennel in an existing building at 2720 South St. Peters Parkway. This will be the first full service facility operated by Off The Leash Grooming LCC. The proposed St. Peters facility will provide grooming, doggie day care, training, and overnight boarding. Off the Leash Grooming currently has a grooming facility on Manchester Road in Ballwin, Missouri. The kennel will be within an existing building that was originally used as a daycare center, but has now been vacant for many years. The modifications to the site include new sight proof fencing, new parking lot lights, and maintenance of the landscaping. The existing playground area will generally remain as is and will be used by the dogs for recreation. The interior will be totally modified for grooming, kennel, and training needs. The exterior modifications will include retaining the general color pallet of the building, painting of the trim, new signage, handicapped parking installation, and the repair and staining of the dumpster enclosure. The general color pallet of the building Will be retained DRAFT The surrounding land uses include commercially zoned sites to the east (Commerce Bank), west and south (multi-story office building and parking lot), all part of the area generally known as Heritage Landing Commercial. To the north is South St. Peters Parkway and Highway 364/94. It is noted the nearest house is located in the Point at Heritage Crossing subdivision which is approximately four hundred and ten feet west of the subject site. It is also noted two commercial buildings, a commercial parking lot, and the four lane Heritage Landing arterial street are between the commercial and residential development. The site area is served by Route 364 and South St. Peters Parkway both roads have been designed to carry heavy traffic levels. The site entrance will be from South St. Peters Parkway which is designed to serve commercial users. Staff is of the opinion a kennel can operate without detriment to the area. The business will be located within a commercial corridor near a highway; the location has easy access. The site layout was originally designed for a daycare with reasonably high vehicle turn over. Therefore, no circulation problems are anticipated for the proposed use. Overall, the building and site improvements will be positive for the appearance of the site and the commercial corridor. D-1

36 Staff notes that the proposed special use permit for a kennel includes conditions typical for kennels in St. Peters. This includes requirements for screening of outdoor activity and limitations on noise. Noting that residential uses are over four hundred feet away and separated by commercial uses and an arterial roadway, staff does not anticipate noise issues. 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 site is located along a commercial corridor served by a highway; the proposed use would be consistent with the nature of the area. b. Traffic conditions in the surrounding area: The site area is served by Route 364 and South St. Peters Parkway, both of which are designed to serve the land uses in the area and are designed to accommodate substantial traffic levels. c. Public Utility facilities: The area is currently served with all utilities. Utility services are readily available in this area. d. The Comprehensive Plan: The City s Comprehensive Plan, as amended in 2008, indicates the site area is appropriate for commercial uses and zoning. The proposed use of a kennel would be consistent with the plan. e. Other matters pertaining to general welfare: The site is located along a commercial corridor that includes a variety of commercial uses; this location is appropriate for continued service commercial development. Staff Recommendation: DRAFT Noting the above review, staff recommends approval of Petition subject to the requirements of the attached Special Use Permit. D-2

37 EXHIBIT E PLANNING AND ZONING COMMISSION RECOMMENDATION Petition Off the Leash Dog Grooming, LLC: A request for a special use permit for a kennel on a /- acre tract in the C-3 General Commercial District. The subject site is located on the south side of South St. Peters Parkway, west of Heritage Crossing, as recorded in Book 24 Page 51 at the St. Charles County Recorder s Office, more commonly known as 2720 South St. Peters Parkway. Mr. Jared Heacock, Off the Leash Dog Grooming, LLC, presented this to the Commission for approval. Mr. Heacock explained that the proposed kennel will be located in an existing building at 2720 South St. Peters Parkway. The proposed facility will provide grooming, doggie day care, training, and overnight boarding. The kennel will be within an existing building that was original used as a daycare center, but has now been vacant for many years. The modifications to the site include new sight proof fencing, new parking lot lights and maintenance of the landscaping. The existing playground area will generally remain as is and will be used by the dogs for recreation. The interior will be totally modified for grooming, kennel and training needs. The exterior modifications will include retaining the general color pallet of the building, painting of the trim, new signage, handicapped parking installation and the repair and staining of the dumpster enclosure. Chairman McNames opened the public hearing at 7:34 p.m. and asked anyone wishing to speak on this petition to come forward. Seeing no one present to comment, Chairman McNames closed the public hearing at 7:34 p.m. Mr. Kelley made a motion and Ms. Shetterly seconded to adopt staff s Findings of Fact as the Commission s Findings of Fact. The motion carried unanimously. Mr. Yoffie made a motion and Ms. Shetterly seconded to recommend approval of this special use permit to the Board of Aldermen. The motion carried unanimously. DRAFT E-1

38 EXHIBIT F APPLICATION DRAFT F-1

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40 Phase I New LED parking lot lights (may be attached to existing pole sign)!c kj Phase I Potential tree plantings Phase 1: trash enclosure- Fix and stain. Phase 1: New eight foot tall sight proof vinyl fence kj Phase 1: Chain link to remain with fabric mesh cover Phase 2: New eight foot tall sight proof vinyl fence Door Front Door Door DRAFT Phase 1: New vinyl fence to screen AC units Phase 1: New eight foot tall sight proof vinyl fence Phase I -Install prior to occupancy. Phase 2 - Install by December 1, 2019 Phase3 -Install by July 1, Phase 3: New eight foot tall sight proof vinyl fence

41 BILL NO I-04 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO A PROJECT AGREEMENT WITH PRIME PROPERTIES AND ESTATES, LLC AND CLARENDALE AT ST. PETERS, LLC FOR IMPROVEMENTS TO AN EXISTING DETENTION BASIN LOCATED ON PRIME PROPERTIES AND ESTATES, LLC DRAFT WHEREAS, it is in the best interest of the inhabitants of the City of St. Peters, Missouri, to enter into a Project Agreement with Prime Properties and Estates, LLC, an Illinois limited liability company authorized to do business in the state of Missouri, and Clarendale at St. Peters, LLC, a Delware limited liability company authorized to do business in the State of Missouri, for improvements of the Detention Basin; and WHEREAS, Clarendale at St. Peters, LLC, desires to construct a senior living development on the Developer Property; and WHEREAS, the senior living development will discharge storm-water into an existing detention basin located on Prime Properties and Estates, LLC, property; and WHEREAS, in order to facilitate the construction of the improvements to the Basin, Prime Properties and Estates, LLC, has agreed to convey property to the City of St. Peters and the City of St. Peters has agreed to accept this property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. The City does hereby accept and agrees to said project agreement, and the City Administrator of the City of St. Peters, Missouri, be and is hereby authorized to execute on behalf of the City of St. Peters, Missouri, a Project Agreement, in substantially the form attached hereto and made a part hereof, with Prime Properties and Estates, LLC and Clarendale at St. Peters, LLC. SECTION 2. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein.

42 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 5. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Attest: Read two times, passed, and approved this 27 th day of September, Patricia E. Smith, City Clerk Len Pagano, as Presiding Officer and as Mayor DRAFT

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50 BILL NO I-05 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A CERTAIN SUBRECIPIENT AGREEMENT BETWEEN ST. CHARLES COUNTY (GRANTEE) AND THE CITY OF ST. PETERS (SUBRECIPIENT) FOR CONDUCTING CITY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS WITH 2018 FEDERAL FUNDING WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law ; WHEREAS, the Grantee and Subrecipient have entered into a Cooperation Agreement for joint participation in the Community Development Block Grant Program (herein called the Joint Agreement ); WHEREAS, the Grantee shall make available to the Subrecipient an allocated amount of CDBG funds per their Joint Agreement; and WHEREAS, the Grantee and Subrecipient desire to establish responsibilities and obligations in Subrecipients utilization of such funds for fiscal year 2018, by the execution of a Subrecipient Agreement between St. Charles County and the City of St. Peters for Conducting City CDBG Programs with 2018 Federal Funding. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and is hereby authorized to negotiate, execute and administer a Subrecipient Agreement between St. Charles County and the City of St. Peters for Conducting City CDBG Programs with 2018 Federal Funding, in substantially the form attached hereto and incorporated by reference herein as Exhibit A. SECTION 2. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly herein.draft set forth

51 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 be in full force and take effect from and after the date of its final passage and approval. Attest: Read two times, passed, and approved this 27th day of September, Patricia E. Smith, City Clerk Len Pagano, as Presiding Officer and as Mayor DRAFT

52 EXHIBIT A SUBRECIPIENT AGREEMENT BETWEEN ST. CHARLES COUNTY AND THE CITY OF ST PETERS FOR CONDUCTING CITY CDBG PROGRAMS WITH 2018 FEDERAL FUNDING THIS AGREEMENT, entered this day of, 20 by and between St. Charles County, Missouri (herein called the Grantee ) and The City of St. Peters, Missouri (herein called the Subrecipient ). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law ; and WHEREAS, the Grantee and Subrecipient have entered into a Cooperation Agreement for joint participation in the Community Development Block Grant Program, as executed by the parties on July 15, 2016, (herein called the Joint Agreement ); and WHEREAS, the Grantee shall make available to the Subrecipient an allocated amount of CDBG funds per their Joint Agreement; and WHEREAS, the Grantee and Subrecipient desire to establish responsibilities and obligations in Subrecipients utilization of such funds; NOW, THEREFORE, it is agreed between the parties hereto that: I. SCOPE OF PROJECTS A. Activities DRAFT Subject to Section IV.C of the Joint Agreement identified above, the Subrecipient will be responsible for administering several 2018 Community Development Block Grant (CDBG) programs in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 St. Peters Transportation Program Provides trips to medical, shopping and essential services for qualifying St. Peters residents eligible based on age, disability or income who may lack access to a vehicle or are unable to drive. The major tasks that the Subrecipient will perform in connection with the provision of the eligible transportation program include, but are not limited to, the following: 1) Outreach: Conduct outreach to promote program with goal of assisting 250 St. Peters residents with transportation services. 1

53 2) Intake/assessment of eligibility: Accept applications and perform eligibility determinations. 3) Program Administration: Contract with a transportation provider per HUD procurement standards. 4) Maintenance of case files and other records: The Subrecipient will maintain program and financial records in accordance with the general requirements for record keeping specified in Section VIII of this Agreement. Activity #2 Home Improvement Loan Program (HILP): the Subrecipient will provide home improvement loans to qualifying St. Peters residents eligible based on income. The major tasks that the Subrecipient will perform in connection with the Home Improvement Loan program include, but are not limited to, the following: 1) Refinement of HILP plans, procedures and forms: the Subrecipient will establish the program design and procedures for HILP (including but not limited to the priorities among applicants and among rehabilitation measures, the limits and structure of financial assistance, and the recapture and affordability policies), as well as any other necessary forms, documents or sample contracts. 2) Outreach: the Subrecipient will promote the HILP to attract enough eligible applicants from the City of St. Peters to participate in the program to meet the CDBG Year 2018 housing rehabilitation goal of 21 completed units. 3) Intake/assessment of eligibility: the Subrecipient will assist residents of St. Peters by answering questions that may arise regarding the Home Improvement Loan Program or application prior to the submission deadline. The Subrecipient will make provision for translation services to meet the needs of non-english-speaking applicants should they be requested. DRAFT Initial eligibility determination of households will be made by the Subrecipient on the basis of satisfaction of income according to the most current income limits established by HUD. 4) Contractors: assist applicants with contractor approval for eligible rehabilitation projects. 5) Final Inspection: Subrecipient will provide final inspections for approved projects prior to final payment. 6) Approval of contractor payments: Subrecipient will ensure proper payments are made according to terms of approved bids. 2

54 7) Maintenance of case files and other records: The Subrecipient will maintain program and financial records in accordance with the general requirements for record keeping specified in Section VIII of this Agreement. Activity #3 Community Services: Provides lawn mowing assistance to St. Peters residents accepted based on age and income or disability and income. 1) Outreach: the Subrecipient will promote the Community Services program to ensure that enough eligible applicants from the City of St. Peters participate in the program to meet the CDBG Year 2018 goal of assisting 7 eligible households. 2) Intake/assessment of eligibility: the Subrecipient will assist residents of St. Peters by answering questions that may arise regarding the Community Services program or application prior to the submission deadline. 3) Communication: the city will act as a liaison between the participant and contracted business providing the lawn mowing service. 4) Maintenance of case files and other records: The Subrecipient will maintain program and financial records in accordance with the general requirements for record keeping specified in Section VIII of this Agreement. Activity #4 Administration Funding to cover administrative costs associated with Rehabilitation programs to include but not limited to salaries, recording fees, and postage. Activity #5 Meals on Wheels: Provides meals to St. Peters residents accepted based on age. 1)Outreach: the Subrecipient will work with the contractor to ensure that enough eligible applicants from the City of St. Peters participate in the program to meet the CDBG Year 2018 goal of assisting 50 eligible persons. 2) Intake/assessment of eligibility: the Subrecipient will assist residents of St. Peters by answering questions that may arise regarding the Meals on Wheels program. 3) Communication: the City will act as a liaison between the participant and contracted business providing the meals on wheels service. 4) Maintenance of case files and other records: The Subrecipient will maintain program and financial records in accordance with the general requirements for record keeping specified in Section VIII of this Agreement. B. National Objectives DRAFT During the period covered by this agreement, not less than 70 percent of CDBG funds will be used for activities that benefit low- and moderate-income persons. In addition, each activity will 3

55 meet one of the following national objectives for the program: benefit low- and moderateincome persons, prevention or elimination of slums or blight, or address community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community for which other funding is not available. Subrecipient will also provide documentation of National Objectives within Activity project files. II. SCOPE OF SERVICES A. General Administration Subrecipient shall undertake and complete activities as set forth in this Agreement, including but not limited to qualifying eligible applicants based on completed applications and program guidelines, maintaining files, performing required environmental reviews, reviewing bids, & preparing check requests for all St. Peters programs and providing inspections for St. Peters Rehabilitation programs. Subrecipient shall monitor contractors who perform these duties on the Subrecipient participant s behalf to ensure compliance. B. Levels of Accomplishment Goals and Performance Measures The Subrecipient agrees to provide the following levels of program services: Activity Units/Year Activity #1 Subrecipient s goal is to assist 62 St. Peters residents under the Transportation Program utilizing CDBG funds and an additional 188 St. Peters residents with supplemental funding from the Subrecipient during FY18. Activity #2 Sub-recipient s goal is to assist 21 St. Peters households under the HILP during FY18 Activity #3 Sub-recipient s goal is to assist 7 St. Peters residents under the Community Services Program during FY18 Activity #4 Administrative costs related to salaries, recording fees or any additional costs associated with administration of Subrecipient s rehabilitation programs. Activity #5 Subrecipient s goal is to provide 10 senior residents of St. Peters with 25 meals each. C. Staffing DRAFT Staff administering the CDBG programs will be persons employed by the Subrecipient or employed by a contractor of the Subrecipient for programs such as Community Services, and Transportation. 4

56 D. Performance Monitoring The Grantee will directly monitor the performance of the Subrecipient against goals and performance standards as stated above as deemed necessary by the Grantee. Substandard performance as determined by the Grantee or its designee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures may be initiated. III. TIME OF PERFORMANCE The term of this Agreement and the provisions herein shall be in effect for CDBG program Year 2018 and shall extend to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. If unexpended funding will impact the Grantee s timeliness ratio, the Grantee can require the Subrecipient to transfer funds to another approved program in accordance with the Grantee s Citizen Participation Plan. IV. BUDGET CDBG funds shall be used solely for the stated purposes set forth in this Agreement. The expenditures will be supported by bids, invoices, vouchers and other data as appropriate. If the CDBG funds are not expended in accordance with the terms, conditions and time period set forth in this Agreement, the amounts improperly expended or not expended shall be returned to the Grantee. Project costs shall be paid in accordance with the budget allocations agreed upon by the Grantee and Subrecipient. All costs incurred will be documented within the project files. It is further acknowledged and agreed that transferring funding between projects will adhere to the guidelines established in the County s Citizen Participation Plan. Subrecipient will administer CDBG programs under the terms of this agreement based on the Subrecipient s total share of $200, of the Grantee s FY18 total allocation per the Joint Agreement identified above. Activity 1 DRAFT Line Item Salaries and Administration Fringe Office Space (Program only) Utilities Communications Reproduction/Printing Supplies and Materials Mileage Amount: $ 5

57 Audit Other (Specify) Indirect Costs (Specify) TOTAL up to $28, Contracted transportation services $ Activity 2 Line Item Amount: Salaries and Administration Fringe Office Space (Program only) Utilities Communications Reproduction/Printing Supplies and Materials Mileage Audit Other (Specify) Indirect Costs (Specify) $159, rehabilitation loans TOTAL $ Activity 3 Line Item Amount: Salaries $ Fringe Office Space (Program only) Utilities Communications Reproduction/Printing Supplies and Materials Mileage Audit Other (Specify) $1, lawn maintenance assistance Indirect Costs (Specify) Activity 4 DRAFT Line Item Salaries and Administration Fringe Office Space (Program only) Utilities Communications Amount: $ 6

58 Reproduction/Printing Supplies and Materials Mileage Audit Other (Specify) Indirect Costs (Specify) $1, rehab admin Activity 5 Line Item Amount: Salaries and Administration Fringe Office Space (Program only) Utilities Communications Reproduction/Printing Supplies and Materials Mileage Audit Other (Specify) Indirect Costs (Specify) TOTAL $ 200, $ $10, Contracted Meals services Any indirect costs charged must be consistent with the conditions of Paragraph VIII (C)(2) of this Agreement. In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. V. PAYMENT It is expressly agreed and understood that Subrecipient s total CDBG allocation will be paid by the Grantee under this Agreement as identified in the Joint Agreement. The Subrecipient will advance fund its programs outlined in Section IV of this agreement. The Subrecipient will monitor funds, prepare check requests and track expenditures on behalf of CDBG program participants and programs. Draw-downs for the reimbursement of eligible expenses shall be made against the line item budgets specified in Section IV herein and in accordance with performance as entered into the Integrated Disbursement and Information System (IDIS) by the Grantee or its representative. VI. NOTICES AND COMMUNICATION DRAFT Notices required by this Agreement shall be in writing and delivered via mail, commercial courier, or personal delivery or sent by facsimile or other electronic means provided that receipt is confirmed. Any notice delivered or sent as aforesaid shall be effective on the date of delivery 7

59 or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. The below named individuals shall be the authorized representatives of the Grantee and Subrecipient and are hereby authorized to approve amendments or adjustments as provided herein. Communication and details concerning this contract shall be directed to the following contract representatives: Grantee Subrecipient Robert Myers, AICP William B. Benesek, P.E. Director of Planning & Zoning Division Manager, Transportation and Development St. Charles County Government Services Group 201 N. Second St. Suite 410 City of St. Peters St. Charles, MO One St. Peters Centre Blvd ext St. Peters, MO , ext VII. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including Subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient s environmental responsibilities described in 24 CFR and (2) the Subrecipient does not assume the recipient s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor DRAFT Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers Compensation Insurance, as the Subrecipient is an independent contractor. 8

60 C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient s performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers Compensation The Subrecipient shall provide Workers Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding The Subrecipient shall carry sufficient insurance or coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR and 84.48, Bonding and Insurance. F. Grantee Recognition The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments DRAFT The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee s governing body as may be required. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal or state guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. 9

61 H. Suspension or Termination In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, Cost Principles for Non-Profit Organizations, A-21, Cost Principles for Educational Institutions, or OMB Circular A-87, Cost Priniples for State and Local Governments, as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping DRAFT 10

62 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR , that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR , and 24 CFR ; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the fouryear period, whichever occurs later. 3. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure DRAFT The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee s or Subrecipient s 11

63 responsibilities with respect to services provided under this Agreement, is prohibited unless prior written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The Subrecipient s obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and 2 CFR part 200, sub part F. C. Reporting and Payment Procedures 1. Program Income Program income shall be retained by the Subrecipient in addition to the total allocation agreed upon in the joint agreement. The Subrecipient shall annually report all program income (as defined at 24 CFR (a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR By way of further limitations, the Subrecipient may only use such income for activities permitted under this contract. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. 2. Indirect Costs DRAFT 12

64 If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient s share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. 4. Progress Reports The Subrecipient shall submit an annual Progress Report to the Grantee outlining accomplishments of approved activities for the Consolidated Annual Performance and Evaluation Report. D. Procurement 1. Compliance The Subrecipient shall comply with federal guidelines concerning the purchase of equipment. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2. OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR Travel The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets DRAFT The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR , , and , as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 13

65 IX. 2. Real property under the Subrecipient s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR until five (5) years after expiration of this Agreement. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-cdbg funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR (b); (b) the requirements of 24 CFR (c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR (d) governing optional relocation policies. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBGassisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. DRAFT X. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance 14

66 The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order as amended by Executive Orders 11375, 11478, and Nondiscrimination The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR , as revised by Executive Order The applicable nondiscrimination provisions in Section 109 of the HCDA are still applicable. 3. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L ) and 24 CFR and In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 DRAFT The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee s specifications an Affirmative Action Program in keeping with the 15

67 principles as provided in President s Executive Order of September 24, The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. 2. Women- and Minority-Owned Businesses (W/MBE) The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms small business means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and minority and women s business enterprise means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, minority group members are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian- Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or contract, to be provided by the agency contracting officer, advising the labor union or worker s representative of the Subrecipient s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions DRAFT The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by 16

68 reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2, for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. Section 3 Clause DRAFT a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution 17

69 of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient s subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these Section 3 requirements and to include the following language in all subcontracts executed under this Agreement: The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located. The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to lowand very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project DRAFT 18

70 D. Conduct is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement, if any, a notice advising said labor organization or worker s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 1. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring DRAFT 19

71 The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written form and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR and , which include (but are not limited to) the following: DRAFT a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any 20

72 5. Lobbying contract, subcontract, or agreement with respect to the CDBGassisted activity, or with respect to the proceeds from the CDBGassisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a covered person includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions; and DRAFT c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall 21

73 6. Copyright be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities XI. The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR (j), such as worship, religious instruction, or proselytization. ENVIRONMENTAL CONDITIONS A. Air and Water The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: - Clean Air Act, 42 U.S.C., 7401, et seq.; - Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection DRAFT In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR , and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and 22

74 XII. tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if leadbased paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XIII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIV. WAIVER DRAFT The Grantee s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XV. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement. 23

75 IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement on the date last written below. Executed by the County this day of, 20. Executed by the City this day of, 20. [Grantee] [Subrecipient] By Steve Ehlmann, County Executive Attest By Russell W. Batzel, City Administrator Attest Title Title DRAFT 24

76 BILL NO I-06 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO AN AGREEMENTS PROVIDING FOR A PERMANENT SANITARY SEWER LINE EASEMENT, A PERMANENT STORM SEWER LINE EASEMENT AND A PERMANENT UTILITY EASEMENT WITHIN ADJUSTED LOT 1A-2 OF THE BOUNDARY ADJUSTMENT PLAT OF LOT 1A-2 OF ST. PETERS CORPORATE CENTRE 3 (SAINT DEVELOPMENT INC.) WHEREAS, it is in the best interest of the inhabitants of the City of St. Peters, Missouri, to control and facilitate sanitary sewer service and storm water flow within the City and to maintain all other City utilities within said City; and DRAFT WHEREAS, development of Lot 1A-2 of the Boundary Adjustment Plat of Lot 1A-2 of St. Peters Corporate Centre 3 necessitates establishing a new sanitary sewer line easement, a new storm sewer line easement and a utility easement within said lot by execution of easement documents with Saint Development Inc.; and WHEREAS, Saint Development Inc. and the City of St. Peters are desirous of entering into easement agreements providing for a permanent sanitary sewer line easement, a permanent storm sewer line easement and a permanent utility easement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. The City does hereby accept and agrees to a permanent sanitary sewer line easement, a permanent storm sewer line easement and a permanent utility easement, and the City Administrator of the City of St. Peters, Missouri, be and is hereby authorized to execute on

77 behalf of the City of St. Peters, Missouri, a Permanent Sanitary Sewer Line Easement Agreement, a Permanent Storm Sewer Line Easement Agreement, and a Permanent Utility Easement Agreement, in substantially the forms attached hereto and made a part hereof, with Saint Development Inc. SECTION 2. The City Clerk is hereby directed to cause said Permanent Sanitary Sewer Line Easement Agreement, said Permanent Storm Sewer Line Easement Agreement and Permanent Utility Easement Agreements to be recorded in the office of the Recorder of Deeds of St. Charles County, Missouri. SECTION 3. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant ClerkDRAFT 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 27 th day of September, Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City

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96 BILL NO I-07 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENTS PROVIDING FOR A TEMPORARY CONSTRUCTION EASEMENT AND A PERMANENT UTILITY EASEMENT FOR CONSTRUCTION OF THE RAINBOW DRIVE STORM WATER IMPROVEMENTS PROJECT P-13 (DEIEN) WHEREAS, the City of St. Peters encompasses a land area of approximately 22 square miles and contains more than 47 miles of waterways, 250 storm water basins, and 166 miles of storm sewer pipe as part of the storm water collection and conveyance system; and WHEREAS, the Missouri Department of Natural Resources has issued a Municipal Separate Storm Sewer System (MS4) discharge permit for the City that requires management of storm water discharges and implementation of best management practices for the watershed area identified in the MS4 permit for the purpose of achieving improved water quality; and WHEREAS, it is in the best interests of the citizens of the City of St. Peters to complete projects identified in the City s Storm Water Watershed Management Plan in order to comply with the requirements of the MS4 permit and to improve water quality; and WHEREAS, construction of the Rainbow Drive Stormwater Improvements Project P-13 necessitates obtaining a temporary construction easement from Darren R. Deien, a single person, and Robert G. Deien and Carol K. Deien, husband and wife; and WHEREAS, construction of the Rainbow Drive Stormwater Improvements Project P-13 necessitates obtaining a permanent utility easement from Robert G. and Carol Deien, husband and wife. DRAFT 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 negotiate, execute, and administer, on behalf of said City, an Agreement providing for a temporary construction easement, by Temporary Construction Easement Agreement, with Darren R. Deien, a single person, and Robert G. Deien and Carol K. Deien, husband and wife, and a permanent utility easement, by Permanent Utility Easement Agreement, in substantially the forms attached hereto and made a part hereof, for the Rainbow Drive Stormwater Improvements Project P-13. SECTION 2. Savings. 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

97 thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 3. 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. SECTION 4. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval. Attest: Read two times, passed, and approved this 27 th day of September, Patricia E. Smith, City Clerk Len Pagano, as Presiding Officer and as Mayor DRAFT

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112 BILL NO I-08 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT PROVIDING FOR THREE (3) PERMANENT DRAINAGE AND UTILITY EASEMENTS FOR CONSTRUCTION OF THE DITCH B IMPROVEMENTS NORTH OF I-70 PROJECT (INDUSTRIAL REALTY GROUP, LLC) WHEREAS, the City of St. Peters encompasses a land area of approximately 22 square miles and contains more than 47 miles of waterways, 250 storm water basins, and 166 miles of storm sewer pipe as part of the storm water collection and conveyance system; and WHEREAS, it is in the best interests of the citizens of the City of St. Peters to complete projects that address storm water control and improve water quality within said City; and WHEREAS, construction of the Ditch B Improvements North of I-70 Project necessitates obtaining three (3) permanent drainage and utility easements from Industrial Realty Group, LLC; and WHEREAS, Industrial Realty Group, LLC and the City of St. Peters are desirous of entering into an Agreement providing for permanent drainage and utility easements for the Ditch B Improvements North of I-70 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 to negotiate, execute, and administer, on behalf of said City, an Agreement with Industrial Realty Group, LLC providing for three (3) permanent drainage and utility easements, by Permanent Drainage and Utility Easement Agreements, in substantially the forms attached hereto and made a part hereof, for the Ditch B Improvements North of I-70 Project. DRAFT SECTION 2. The City Clerk is hereby directed to cause said Permanent Drainage and Utility Easement Agreements to be recorded in the office of the Recorder of Deeds of St. Charles County, Missouri. SECTION 3. Savings. 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. 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

113 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. SECTION 5. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval. Attest: Read two times, passed, and approved this 27 th day of September, Len Pagano, as Presiding Officer and as Mayor Patricia E. Smith, City Clerk DRAFT

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132 BILL NO I-09 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO EXECUTE AN AGREEMENT WITH GERSHENSON CONSTRUCTION COMPANY, INCORPORATED FOR CONSTRUCTION OF THE MID RIVERS MALL DRIVE CORRIDOR IMPROVEMENT PROJECT (FEDERAL PROJECT NO. TAP 7305(616)) 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, the City solicited bids for the Mid Rivers Mall Drive Corridor Improvement Project, (Federal Project No. TAP 7305(616)); and WHEREAS, bid proposals were received from three (3) bidders on August 22, 2018; and WHEREAS, it is recommended that an agreement for the Mid Rivers Mall Drive Corridor Improvement Project be awarded to Gershenson Construction Company, Incorporated, of Eureka, Missouri. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That contingent upon Missouri Department of Transportation approval, the City Administrator of the City of St. Peters, Missouri be and he is hereby authorized to enter into a contract with Gershenson Construction Company, Incorporated, in the initial amount of $2,036, for the construction of the Mid Rivers Mall Drive Corridor Improvement Project, (Federal Project No. TAP 7305(616)). 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. DRAFT 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

133 found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. Non-compliance with this ordinance will be investigated and adjudicated by the Department of Labor and Industrial Relations pursuant to RSMo SECTION 4. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 5. Severability Clause. If any term, condition, or provision of this Ordinance shall, to any 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 ClerkDRAFT 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 27 th day of September, Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City

134 BILL NO I-10 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A CONTRACT CHANGE ORDER WITH GERSHENSON CONSTRUCTION COMPANY, INCORPORATED FOR THE P-28 JUNGERMANN ROAD STREAM AND TRAIL IMPROVEMENTS PROJECT WHEREAS, the City of St. Peters did previously enter into an agreement with Gershenson Construction Company, Incorporated for the P-28 Jungermann Road Stream and Trail Improvements Project; and WHEREAS, additional Class C Excavation is required properly complete the P-28, Jungermann Road Stream and Trail Improvements Project as specified; and WHEREAS, the City of St. Peters has accepted the cost proposal prepared by Gershenson Construction Company, Incorporated for said additional work; and WHEREAS, the City of St. Peters and Gershenson Construction Company, Incorporated have agreed to adjust the contract to account for said cost proposal and field measurements to date. 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 a contract change order with Gershenson Construction Company, Incorporated in the initial amount of $220,598.60, for additional work associated with the P-28 Jungermann Road Stream and Trail Improvements Project. 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 or noted in the Change Order proposal for additional work associated with the P-28 Jungermann Road Stream and Trail Improvements Project. SECTION 2. That the City Administrator be and is hereby authorized to negotiate, execute and administer said Contract Change Order on behalf of the City of St. Peters. SECTION 3. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly herein.draft set forth

135 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 27 th day of September, Attest: Patricia E. Smith, City Clerk Len Pagano, as Presiding Officer and as Mayor DRAFT

136 BILL NO I-11 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO EXECUTE AN AMENDMENT NO. 1 TO AGREEMENT FOR ENGINEERING SERVICES WITH GEORGE BUTLER ASSOCIATES FOR THE MID RIVERS MALL DRIVE WIDENING PROJECT WHEREAS, the City entered into an Agreement for Engineering Services with George Butler Associates for design of the Mid Rivers Mall Drive Widening Project, which was authorized on September 10, 2015 by Ordinance No. 6410; and WHEREAS, it is recommended the City execute an Amendment No. 1 to Agreement for Engineering Services to amend the scope of services needed for the Mid Rivers Mall Drive Widening 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 No. 1 to Agreement for Engineering Services with George Butler Associates in the amount not to exceed the amount of $39, to perform a revised scope of services for the Mid Rivers Mall Drive Widening 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. DRAFT 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.

137 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 27 th day of September, Attest: Patricia E. Smith, City Clerk Approved this 27 th day of September, Attest: Patricia E. Smith, City Clerk As Presiding Officer and as Mayor Len Pagano, Mayor DRAFT Len Pagano, Mayor

138 AMENDMENT NO. 1 TO THE AGREEMENT FOR ENGINEERING SERVICES WHEREAS, an Agreement for Engineering Services dated February 16, 2016 (hereinafter referred to as the Agreement), now exists and is in full force and effect between the City of St. Peters, Missouri (hereinafter referred to as the Owner) and George Butler and Associates (GBA) (hereinafter referred to as the Engineer); and, WHEREAS, the scope of services for the project as described and defined under the Agreement is being revised to include supplemental design services for the Mid Rivers Mall Drive Widening Project as described in Attachment A, Scope of Services for this Amendment No. 1; NOW THEREFORE, in consideration of the promises contained in the Agreement, this Amendment No. 1, and Attachments A and B for this Amendment No. 1, Owner and Engineer agree to amend the Agreement as stipulated in this Amendment No. 1 and Attachments A and B for Amendment No. 1. CITY OF ST. PETERS OWNER DRAFT GEORGE BUTLER ASSOCIATES ENGINEER By: Russell W. Batzel, P.E. By: Title: City Administrator Title: Date: Date: City of St. Peters, MO Amendment No.1

139 ATTACHMENT A for AMENDMENT NO. 1 SCOPE OF SERVICES The following are the additional scope of services included under Amendment No. 1 to the Agreement for Engineering Services dated February 16, 2016 between the City of St. Peters, Missouri and George Butler Associates. Scope: Additional design work to extend the multi-use trail to the Old Town area which includes pick-up field survey, geometric development of the trail layout, four (4) additional plan sheets, cross sections, retaining wall layout and profile, and final bid documents and cost estimate. This additional scope of services is itemized on the following pages. DRAFT City of St. Peters, MO Amendment No.1

140 Attachment B August 20, 2018 William B. Benesek, P.E. Manager, Transportation & Development Services City of St. Peters, Missouri One St. Peters Center Blvd. St. Peters, MO RE: Mid Rivers Mall Dr. Lane Widening and Pedestrian Trail. GBA Proj. No.: Dear Mr. Benesek, In reference to our phone conversation on September 22, I am transmitting herewith the information you have requested for the additional work on the Mid Rivers Mall Dr. Lane Widening Project. The additional work for this project involves coordinating with the GBT development, the developers site engineer, the developers traffic consultant, and preliminary intersection layout and signal plan for use in negotiations with MoDOT and the developer. Additional design work to extend the multi-use trail to the Old Town area includes pick-up field survey, geometric development of the trail layout, four (4) additional plan sheets, cross sections, retaining wall layout and profile, and final bid documents and cost estimate. To summarize, the cost associated with these additional services is as follows: Survey cost $ 4,674 Signal and Intersection Layout cost $ 8,314 Trail Design and Plans $25,197 Total = $38,185 If you have any questions regarding the cost information please feel free to call. Respectfully, DRAFT GEORGE BUTLER ASSOCIATES Michael C. Erdtmann P.E. Associate

141 ATTACHMENT B for AMENDMENT NO. 1 COMPENSATION For completing the Professional services for the Mid Rivers Mall Drive Widening Project described in Attachment A for Amendment No. 1, the City shall pay and the Engineer shall accept as full compensation, a total amount as shown on the following page, not to exceed fee of $39, This brings the total contract not to exceed amount to $128, DRAFT City of St. Peters, MO Amendment No.1

142 Supplemental Agreement #1 - Task 7 Estimation of Project Manpower/ Cost With MoDOT District Review only Client: City of St. Peters Project: Mid Rivers Mall Drive Widening Date 6/16/17 Attachment A Principal Associate Senior Engineer/ RLS Senior PLS Engineer/Architect PLS 2-Man Survey Crew Clerical GPS Expenses (Printing/Mileage) Additional Survey $4, A Horizontal /Vertical Control B Records Research, Deeds, Easements, Plats C Utility Locates 2 D Field Property Investigation E Topographic Survey 16 F Basemap Preparation $0 $0 $0 $650 $0 $0 $0 $1,416 $2,608 $0 $0 $ Traffic Signal Work & Intersection Layout $8, A Intersection Layout B Preliminary Signal Layout C Coordination with GBT Development $0 $1,880 $3,410 $0 $3,024 $0 $0 $0 $0 $0 $0 $ Additional Trail Design to Quiktrip $25, A Title Sheet 1 B Typical Sections (2 options) 2 8 C Horizontal Alignment (2 options) D Vertical Alignment (2 options) E Plan Sheets (4 sheets at 20 scale) F Submit options to City G Cross Sections (6 sheets) H Preliminary Retaining Wall Layout 2 8 I Preliminary Quantities and Estimate 2 4 J Preliminary Plan Submittal K Right-of-Way/Easement Requirements L Traffic Control for construction next to ramp 1 8 M Sediment and Erosion Control Plan 2 4 N Final Plan Preparation O JSP and construction documents 2 4 P Incorporate utility comments (City to provide coordination) 1 8 Q Final Retaining Wall Plan 2 8 R Final Quantities & Construction Cost Estimate 2 8 S QA/QC and address comments T Final Plan Submittal Sub-Total Task 7.3 (hrs) Sub-Total Task 7.3 Fee $0 $2,632 $5,425 $0 $17,010 $0 $0 $0 $0 $130 $0 $0 DRAFT $0 $4,512 $8,835 $650 $20,034 $0 $0 $1,416 $2,608 $130 $0 $38,185 Assumptions: Retaining Wall to be MSE wall with design and global stability by manufacturer. Utility coordination to be done by the City. $38, Bidding and construction phase services are excluded. Right of Way legals and exhibits are excluded. Assumes retaining wall does not require geotech, bridge memo, design layout or submittal to Central Bridge Office

143 RESOLUTION NO. I-12 A RESOLUTION CONCERNING VOLUNTARY ANNEXATION 216 EISENHOWER BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That there has been presented to the Board of Aldermen of the City of St. Peters, Missouri, on this date, one (1) verified petition signed by the owners of all fee interests of record of all tracts ClerkDRAFT of real property located within the area described in the petition, which is proposed to be annexed to the City of St. Peters, and which petition requests annexation of such area into the City limits of the City of St. Peters, Missouri, a copy of which petition is attached hereto and made a part hereof. SECTION 2. That no part of the said real property is now included in any incorporated municipality. SECTION 3. That the said real property as a whole is contiguous to the existing corporate limits of the City of St. Peters, Missouri. SECTION 4. That, in accordance with Section RSMo, a public hearing shall be held concerning the matter, and this public hearing shall be held on the 25 th day of October, 2018, at 6:30 p.m. at the St. Peters Justice Center in the City of St. Peters, Missouri. SECTION 5. The City Clerk is authorized and directed to cause a notice of such hearing to be published at least seven (7) days prior to the date of the hearing in a newspaper of general circulation in St. Charles County, Missouri, which is qualified to publish legal matters. Read and adopted this 27 th day of September, Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City

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