CITY OF ST. PETERS BOARD OF ALDERMEN

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1 CITY OF ST. PETERS BOARD OF ALDERMEN TENTATIVE AGENDA FOR REGULAR MEETING ST. PETERS JUSTICE CENTER, 1020 GRAND TETON DRIVE, ST. PETERS, MO August 23, :30 P.M. A. Call to Order, Mayor Len Pagano B. Roll Call C. Opening Ceremonies 1. Invocation 2. Pledge of Allegiance 3. Oath of Office: Tanner P. Critchfield, Commissioned Police Officer 4. Proclamation: September National Suicide Prevention Awareness Month D. Approval of Minutes: The Board of Aldermen Work Session meeting of August 9, 2018; Regular Board of Aldermen meeting of August 9, 2018; and the FY 19 Budget Update Work Session meeting of July 31, E. Reports of Officers, Boards and Commissions 1. Mayoral Report of Appointments to Boards and Commissions a. Re-Appointment to the Board of Appeals 2. City Administrator s Report: 3. Report of Director, Planning, Community and Economic Development: 4. St. Peters Business Spotlight: None F. Open Forum 1. Citizens Petitions and Comments 2. Communications from the Elected Officials 3. Announcements

2 G. Public Hearings: None H. Unfinished Business Items: None I. New Business Items: 1. Bill No : Bill providing for the adoption of the General Fund, Debt Service Fund, Community Development Block Grant 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, 2018 and ending September 30, Bill No : Bill amending Sections and of the Code of the City of St. Peters, Missouri relating to the Water and Sewer Rates 3. Bill No : Bill amending Section B.1 of the Code of the City of St. Peters, Missouri relating to the Solid Waste Service Rates 4. Bill No : Bill authorizing the Mayor of the City of St. Peters, Missouri to enter into an Intergovernmental Cooperation Agreement with the City of St. Charles, Missouri, for the Hermitage Storm Sewer Improvement Project P Bill No : Bill accepting for maintenance the dedication of a certain section of the Storm Sewer System located within either public roadway rights-of-way or utility easements contained in the Premier 370 Business Park Plat One, as recorded in Deed Book 45, Pages , in the Office of the Recorder of Deeds of St. Charles County, Missouri, and connected to 1000 Premier Parkway 6. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into agreements providing for Temporary Construction Easement Agreements and/or Permanent Drainage and Utility Easements for construction of the Parkdale/Blackwood Channel Improvements Project (P-20) (Lofftus/Graves/Aubuchon) 7. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to enter into a contract with Miracle Recreation Equipment Company for the purchase and installation of playground equipment at Spencer Creek Park 8. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into an agreement providing for Permanent Drainage Easements for construction of the Sun River Village/McClay Meadows Stormwater Improvement Project P-21 (Sun River Village) 9. Bill No : Bill directing the City Administrator of the City of St. Peters, Missouri, to enter into a contract with Equipment Technology, LLC for the purchase of an aerial lift bucket truck 10. Bill No : Bill approving a plan for an Industrial Development Project in the City; approving a Development Project Agreement; and authorizing the City to take certain other actions in connection therewith

3 11. Bill No : Bill authorizing the City Administrator of the City of St. Peters Missouri to execute a second amendment to the Intergovernmental Agreement for the construction, operation, ownership and maintenance of the St. Charles County Digital P25 Land Mobile Radio Microwave System for public safety and emergency communications 12. Resolution of the City of St. Peters, Missouri, amending and restating, in its entirety, its prior Resolution No. 1551, Section No. 3 of Resolution No. 1546, Resolution No. 1513, Section No. 3 of Resolution No. 1492, Resolution No. 1475, Resolution No. 1460, Resolution No. 1454, Resolution No. 1323, Resolution No. 1286, and Resolution No. 1256; relating to the Veterans Memorial Commission 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: August 20, 2018 at 9:00 a.m. By: P. Smith, City Clerk Next Regular Board of Aldermen Meeting: September 13, 2018

4 CITY OF ST. PETERS BOARD OF ALDERMEN WORK SESSION MINUTES AUGUST 9, 2018 BOARD OF ALDERMEN ITEMS FOR DISCUSSION The Work Session was called to order at approximately 5:00 p.m. on Thursday, August 9, 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 Violet; Board President Shea; Alderman Thomas; Rick Struttmann, Police Captain; Burt Benesek, Transportation and Development Services Manager; Rick Oloteo, Recreation and Cultural Services Manager; Jeff Hutsler, Parks and Golf Services Manager; Cheryl Hanks- Sinecki, Director of Health and Recycling Services; Cathy Pratt, Staff Support Services Manager; Russ Batzel, City Administrator; Randy Weber, Special Counsel; Lisa Schroeder, Deputy City Clerk. Jeff Finkelstein, Chief of Police; Dave Kuppler, Health and Environmental Services Manager; and Bill Malach, Water Environment Services Manager were absent. COMMUNICATIONS FROM BOARD MEMBERS/ALDERMANIC REPRESENTATIVES Committee reports were given during this time. BOARD OF ALDERMEN ITEMS FOR DISCUSSION No items scheduled for discussion MAYOR/CITY ADMINISTRATOR ITEM NEW BUSINESS ITEMS: Alderman Violet moved and Alderman Reitmeyer seconded the motion to remove 2nd Amendment to Intergovernmental Radio Agreement with St. Charles County from the agenda for discussion. The motion was approved. 2ND AMENDMENT TO INTERGOVERNMENTAL RADIO AGREEMENT WITH ST. CHARLES COUNTY STRUTTMANN Captain Struttmann discussed the need for City approval for a fee modification to the intergovernmental radio agreement with St. Charles County. This revision lowers the fees associated with radio reprogramming should it be necessary for the radio equipment operated by the City of St. Peters. With Board approval, a draft ordinance will be placed on the August 23, 2018 Board of Aldermen agenda for consideration. No comments or questions from the Board of Aldermen. Alderman Hollingsworth moved and Alderman Shea seconded the motion to place this item on the August 23, 2018 Board of Aldermen meeting

5 City of St. Peters: Board of Aldermen Work Session Minutes August 9, 2018 Page 2 of 4 agenda. The motion was approved. This item will be placed on the August 23, 2018 Board of Aldermen meeting agenda for consideration. Alderman Violet moved and Alderman Hollingsworth seconded the motion to remove P-31 Intergovernmental Agreement with St. Charles City from the agenda for discussion. The motion was approved. P-31 INTERGOVERNMENTAL AGREEMENT WITH ST. CHARLES CITY BENESEK Mr. Benesek proposed an Intergovernmental Agreement with the City of St. Charles for improvements associated with the P-31 Hermitage Storm Water Project. Mr. Benesek displayed an aerial photo while explaining the extent of the project area. This agreement will allow the City of St. Peters to utilize existing easements owned by the City of St. Charles which are necessary to complete construction. Phase I design is complete for the Prop P Storm Water Bond Project with an estimated project cost of $300,000. After execution of an intergovernmental cooperation agreement with the City of St. Charles, Phase II Engineering Services agreement will be executed with construction planned in With Board approval, a draft ordinance will be placed on either the August 23, 2018 or September 13, 2018 Board of Aldermen agenda for consideration. No comments or questions from the Board of Aldermen. Alderman Violet moved and Alderman Hollingsworth seconded the motion to place this item on a near future Board of Aldermen meeting agenda. The motion was approved. This item will be placed on a future Board of Aldermen meeting agenda for consideration. Alderman Barclay moved and Alderman Hollingsworth seconded the motion to remove Bid Recommendation for Purchase of Aerial Lift Truck from the agenda for discussion. The motion was approved. BID RECOMMENDATION FOR PURCHASE OF AERIAL LIFT TRUCK HANKS-SINECKI Ms. Cheryl Hanks-Sinecki informed for FY 18, $120,000 was budgeted for a replacement aerial lift truck for the Parks and Golf Services Group. Staff is recommending awarding the purchase of the truck to the lowest bidder, Equipment Technology, LLC, in the amount of $108,720. With Board approval, a draft ordinance will be placed on the August 23, 2018 Board of Aldermen agenda for consideration. No comments or questions from the Board of Aldermen. Alderman Shea moved and Alderman Hollingsworth seconded the motion to place this item on the August 23, 2018 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the August 23, 2018 Board of Aldermen meeting agenda for consideration. Alderman Violet moved and Alderman Reitmeyer seconded the motion to remove Bid Recommendation for Spencer Creek Playground from the agenda for discussion. The motion was approved. BID RECOMMENDATION FOR SPENCER CREEK PLAYGROUND HUTSLER Mr. Hutsler advised on July 11, 2018, the City received twelve bid proposals from five companies for new playground equipment at Spencer Creek Park. After staff evaluation, the

6 City of St. Peters: Board of Aldermen Work Session Minutes August 9, 2018 Page 3 of 4 top three designs were sent to the members of the Parks, Recreation, and Arts Advisory Board as well as kids attending summer camp to vote for their favorite. Staff is recommending Proposal B from Miracle Recreation c/o Hutchinson Recreation in the amount of $225,000. With Board approval, a draft ordinance will be placed on the August 23, 2018 Board of Aldermen agenda for consideration. No comments or questions from the Board of Aldermen. Alderman Violet moved and Alderman Shea seconded the motion to place this item on the August 23, 2018 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the August 23, 2018 Board of Aldermen meeting agenda for consideration. MISCELLANEOUS UPDATES BATZEL Involuntary Annexations Update Powers Ms. Julie Powers, Director of Planning, Community and Economic Development gave an update and displayed aerial photos of six previously discussed parcels on Central School Road that were identified for possible annexation. She advised she has reached out to the property owners multiple times with no success. She advised Parcels 1 and 2 are not contiguous to the City and would need to annex a portion of Central School Road if requested to proceed. She will continue to contact owners to move forward with attempting voluntary annexation process focusing on parcels 3 6; which are key infills. Review of Comprehensive Plan (Continued) Powers Ms. Powers, gave a slideshow presentation to explain the Implementation Plan of the Comprehensive Plan. This plan will identify strategies for goals in the plan for each section. Each group will review to update or supplement the implementation plan. The ultimate goal in land use is to support development encouraging development, and attracting development. The next steps involve getting input from groups regarding strategies, finish updates, and give final review by staff and Mayor and Board of Aldermen. Ms. Powers advised a resolution of support by Planning and Zoning will be presented to the Board at a later date. No further comments or questions from the Board of Aldermen. No Board of Aldermen action is required on this item. BOARD MEETING AGENDA ITEM REVISIONS BATZEL None EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION (1)(2)(3)(9)(12)(13)(14) & (1-6) Alderman Barclay moved and Alderman Hollingsworth seconded the motion to enter Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section (1)(2)(3)(9)(12)(13)(14) & (1-6) and then adjourn the Work Session meeting from the Executive Session. With the motion approved, the Board of Aldermen entered Executive Session at approximately 5:33 p.m. Roll Call was taken as follows: President of the Board of Aldermen, Alderman Shea; Alderman Violet: yes; Alderman Hollingsworth: yes;

7 City of St. Peters: Board of Aldermen Work Session Minutes August 9, 2018 Page 4 of 4 Alderman Reitmeyer: yes; Alderman Thomas: yes; Alderman Bateman: yes; Alderman Barclay: yes; Alderman Aytes: yes. ADJOURNMENT OF THE EXECUTIVE SESSION AND THE WORK SESSION Alderman Barclay moved and Alderman Shea seconded the motion to adjourn the Executive Session and the Work Session meetings. The motion carried and the Executive Session and the Work Session was adjourned at approximately 5:59 p.m. with roll call shown as follows: President of the Board of Aldermen, Alderman Shea, yes; Alderman Violet, yes; Alderman Bateman, yes; Alderman Hollingsworth: yes; Alderman Reitmeyer, yes; Alderman Thomas, yes; Alderman Barclay, yes; Alderman Aytes, yes. Submitted by, Lisa L. Schroeder Deputy City Clerk

8 CITY OF ST. PETERS CITY HALL BOARD OF ALDERMEN MINUTES AUGUST 9, 2018 CALL TO ORDER Mayor Pagano called the Board of Aldermen meeting to order at approximately 6:30 p.m. on August 9, 2018, at the St. Peters Justice Center located at 1020 Grand Teton Drive. Lisa Schroeder, Deputy City Clerk, called the roll. Present were: Mayor Pagano; Board President Shea; Alderman Aytes; Alderman Barclay; Alderman Bateman; Alderman Hollingsworth; Alderman Reitmeyer; Alderman Thomas; Alderman Violet; Captain Struttmann; City Administrator Russ Batzel; Special Counsel Weber; and Lisa Schroeder, Deputy City Clerk. Patty Smith, City Clerk was absent. Steve Koenemann delivered the Invocation. Mayor led the Pledge of Allegiance. RECOGNITION: JUNIOR CITIZEN POLICE ACADEMY GRADUATION OFFICER MELISSA DOSS Officer Doss introduced the 2018 Junior Citizens Police Academy class and spoke about the activities in which they participated. This was the third Junior Citizen Police Academy class for eight to seventeen year olds. She advised there will be a 12-week adult class offered starting September 19, RECOGNITION: BUDGET AWARDS Board President Shea presented Erin Gardner two awards; one for Distinguished Budget Presentation Award from the Government Finance Officers Association; and Certificate of Recognition for Budget Presentation from the Government Finance Officers Association. APPROVAL OF MINUTES: THE BOARD OF ALDERMEN WORK SESSION MEETING OF JULY 26, 2018; AND THE REGULAR BOARD OF ALDERMEN MEETING OF JULY 26, 2018 Alderman Hollingsworth moved and Alderman Violet seconded the motion to approve the Board of Aldermen Work Session meeting minutes of July 26, 2018 and the Regular Board of Aldermen meeting minutes of July 26, 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 None CITY ADMINISTRATOR S REPORT None REPORT OF DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT ST. PETERS BUSINESS SPOTLIGHT

9 Board of Aldermen Minutes: City of St. Peters August 9, 2018 Page 2 of 5 None OPEN FORUM CITIZENS PETITIONS AND COMMENTS Mark O Heron, of 564 Wyatt Drive, St. Peters, spoke and distributed a handout to the Mayor and Board of Aldermen for the record documenting an Alderman concern. COMMUNICATIONS FROM THE ELECTED OFFICIALS Elected Officials made comments during this time. ANNOUNCEMENTS PUBLIC HEARINGS PROPOSED BUDGET AND WATER AND SEWER RATES FOR FISCAL YEAR 2019 GARDNER Ms. Erin Gardner, Financial Analyst for the City of St. Peters, spoke about the proposed budget and water and sewer rates for the 2019 Fiscal Year. Ms. Gardner advised the draft budget is available on the City website and is up for approval at the next Board of Aldermen meeting. Ms. Gardner gave a brief report about the proposed budget. Mayor Pagano opened the floor for Public Hearing comments at 7:00 p.m. and inquired if there were any comments or concerns. Being no comments, Mayor Pagano closed the Public Hearing at 7:02 p.m. UNFINISHED BUSINESS ITEMS None NEW BUSINESS ITEMS MOTION/APPROVED: BILL NO : ORDINANCE NO. 6994: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT WITH INSITUFORM TECHNOLOGIES FOR CURED- IN-PLACE PIPE (CIPP) LINING OF CERTAIN SANITARY SEWER LINES 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 Reitmeyer moved and Alderman Violet seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR:

10 Board of Aldermen Minutes: City of St. Peters August 9, 2018 Page 3 of 5 MOTION/APPROVED: BILL NO : ORDINANCE NO. 6995: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT WITH PACE CONSTRUCTION COMPANY LLC FOR THE RED MILL COURT STORM WATER IMPROVEMENT PROJECT (P-31) Alderman Shea moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Shea moved and Alderman Reitmeyer seconded the motion to read Bill No for the first time. The motion carried and Alderman Shea read the Bill. Alderman Violet moved and Alderman Shea seconded the motion to read the Bill for the second time. The motion carried and Alderman Barclay read the Bill. Alderman Reitmeyer moved and Alderman Shea seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6996: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO EXECUTE AN AGREEMENT WITH UNNERSTALL CONTRACTING COMPANY LLC FOR CONSTRUCTION OF THE PARK STREET SANITARY PUMP STATION AND FORCE MAIN REPLACEMENT PROJECT Alderman Barclay moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Reitmeyer seconded the motion to read Bill No for the first time. The motion carried and Alderman Thomas read the Bill. Alderman Shea moved and Alderman Barclay seconded the motion to read the Bill for the second time. The motion carried and Alderman Bateman read the Bill. Alderman Bateman moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6997: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT PROVIDING FOR A PERMANENT SIGN EASEMENT FOR THE MID RIVERS MALL DRIVE DIGITAL MESSAGE BOARD PROJECT Alderman Reitmeyer moved and Alderman Shea seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Shea seconded the motion to read Bill No for the first time. The motion carried and Alderman Violet read the Bill. Alderman Shea moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Bateman moved and Alderman Violet seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No

11 Board of Aldermen Minutes: City of St. Peters August 9, 2018 Page 4 of 5 Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6998: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AGREEMENTS PROVIDING FOR PERMANENT DRAINAGE AND UTILITY EASEMENTS, A PERMANENT DRAINAGE EASEMENT ALONG WITH TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE KATHLEEN PLACE STORMWATER IMPROVEMENT PROJECT, P-24 (VALENTINE, SONDEREGGER/BRIGHTON PARK HOMEOWNERS ASSOCIATION/LEE) Alderman Reitmeyer moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer 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 Bateman seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Violet moved and Alderman Hollingsworth seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 6999: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT FOR ENGINEERING SERVICES PROVIDING FOR THE OLD TOWN SANITARY SEWER EVALUATION SURVEY Alderman Shea moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Shea moved and Alderman Hollingsworth seconded the motion to read Bill No for the first time. The motion carried and Alderman Shea read the Bill. Alderman Reitmeyer moved and Alderman Thomas seconded the motion to read the Bill for the second time. The motion carried and Alderman Barclay read the Bill. Alderman Violet moved and Alderman Hollingsworth seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7000: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT PROVIDING FOR ACQUISITION OF RIGHT-OF-WAY, FOR THE GRAND TETON DRIVE (FORMERLY KIMBERLY LANE) IMPROVEMENT PROJECT (GOODWIN) 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 Thomas read the Bill.

12 Board of Aldermen Minutes: City of St. Peters August 9, 2018 Page 5 of 5 Alderman Bateman moved and Alderman Barclay seconded the motion to read the Bill for the second time. The motion carried and Alderman Bateman read the Bill. Alderman Violet moved and Alderman Aytes seconded the motion to put the Bill to a final vote. Motion approved and Bill No passed becoming Ordinance No Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 7001: AN ORDINANCE PROVIDING FOR THE VACATION OF A UTILITY EASEMENT IN LIENEMANN POINT SUBDIVISION, AS RECORDED IN PLAT BOOK 32 PAGE 19 AT THE ST. CHARLES COUNTY RECORDER OF DEEDS Alderman Barclay moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Reitmeyer seconded the motion to read Bill No for the first time. The motion carried and Alderman Violet 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 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 Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION (1)(2)(3)(9)(12)(13)(14) & (1-6) No Executive Session called at this time. ADJOURNMENT Alderman Hollingsworth moved and Alderman Violet seconded the motion to adjourn the Regular Board of Aldermen meeting. Motion approved and the Regular Board of Aldermen meeting adjourned at approximately 7:14 p.m. Respectfully submitted, Lisa L. Schroeder Deputy City Clerk

13 CITY OF ST. PETERS BOARD OF ALDERMEN FY 19 BUDGET UPDATE WORK SESSION MEETING MINUTES OF JULY 31, 2018 The FY 19 Budget Work Session meeting was called to order at approximately 4:30 p.m. at the St. Peters Justice Center, 1020 Grand Teton Drive, Aldermen Conference Room. The following were present: Mayor Len Pagano; Board President Shea; Alderman Bateman; Alderman Hollingsworth; Alderman Reitmeyer; Alderman Violet; Alderman Aytes; Russ Batzel, City Administrator; Beth French, Director of Finance; Erin Gardner, Financial Analyst; Cathy Pratt, Staff Support Services Manager; Jeff Hutsler; Parks and Golf Services Manager; Dan Emrick, Director of Golf and Banquet Operations; Rick Oloteo, Recreation and Cultural Services Manager; Dave Kuppler, Health and Environmental Services Manager; Bill Malach, Water Environment Services Manager; Burt Benesek, Transportation Development Services Manager; Bill Charnisky, Consultant; Patty Smith, City Clerk; Scott Baumgartner, Deputy City Clerk. Alderman Thomas was absent. Alderman Barclay arrived after roll call at approximately 4:34 p.m. BUDGET UPDATE OVERVIEW Batzel City Administrator Batzel recounted the FY19 Budget process and how tonight s meeting will be a review of a couple of funds and follow-up from the last FY19 Budget meeting. DISCUSSION OF PROPOSED TOUR 3 GOLF PROPERTY DEVELOPMENT Mr. Batzel gave a preview of this item as it relates to an initiative petition on the ballot for the November 6, 2018 General Election. Mayor Pagano introduced Mr. Robert Rives, Mr. Mark Habbas and Mr. Fred Waelter, who spoke about three initiative petitions for placement on the ballot which would allow the production of medical marijuana in Missouri. Mr. Rives spoke on the proposed Tour 3 Golf Property Development as it relates to this initiative. Mr. Mark Habbas explained the Missourians for Patient Care Act, a medical marijuana ballot initiative, which is a statutory measure; and compared it to two other constitutional medical marijuana ballot initiatives. He explained the differences between the three initiatives; and the statutory measure s careful supervision and controls, its regulatory compliance measures, and the timeline. Mr. Waelter spoke about all who are involved with this initiative. Upon completion of discussion of this item, Mr. Charnisky, Mr. Habbas, Mr. Rives and Mr. Waelter left the meeting in progress. BUDGET 101: REVIEW OF FUNDS AND REVENUE SOURCES Ms. Gardner provided a PowerPoint Presentation explaining the City s different Governmental funds and Proprietary Funds, their function and revenue sources, and the legal restrictions on the City s revenue. She included monthly fee comparisons with local

14 Page 2 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018 municipalities on trash, recycling and yard waste, and water/sewer rates. This presentation is attached and made a part of these minutes. BUDGET CHANGES AFTER CIP ADOPTION GARDNER Ms. Gardner explained the one and only budget change after the CIP adoption, which was a math correction. The ordinances adopting the FY19 Budget and budget adjustments; and FY19 Solid Waste and Water/ Sewer Service rates will be placed on the August 23, 2018 Board of Aldermen meeting agenda. OPERATING GROUPS: BUDGET DISCUSSION ITEMS SSS PRATT o Job Reclassification Ms. Pratt explained a proposed job reclassification for succession planning purposes related to a recent retiree position in finance. The salaried position would be reclassified from Accounting Specialist to Accounting Manager position, supervising daily operations, monthly closings and audits. PGS HUTSLER o Log Cabin Discussion Mr. Hutsler recounted previous discussion and direction given at the FY19 Budget meeting to research costs associated with restoring and potentially relocating the old log cabin in Old Town. He explained a St. Charles County employee, experienced with historical structures, evaluated and gave an opinion of the restoration and potential costs to relocate this cabin. The following recommendation to keep the log cabin in place and restore was made: It was noted that his project would be TIF eligible to restore and bring into compliance with the Corps of Engineers; and that the cost would also include using the existing stones for constructing the chimney. It was recommended to include in the Request for Proposal, experience in working with historic buildings as a requirement. Alderman Hollingsworth moved and Alderman Shea seconded the motion to move forward with this project as presented. The motion was approved and Mayor Pagano put the motion to a roll call vote

15 Page 3 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018 as follows: Alderman Bateman, yes; Alderman Reitmeyer, yes; Alderman Thomas, absent; Alderman Hollingsworth, yes; Board President Shea, yes; Alderman Violet, yes; Alderman Barclay, yes; Alderman Aytes, yes. Vote passed: 7 yes, 0 no, 1 absent.

16 Page 4 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018 o Golf & Banquet Center Update Mr. Hutsler presented an update to the Golf & Banquet Center projected financials as follows:

17 Page 5 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018

18 Page 6 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018

19 Page 7 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018 Mr. Hutsler requested approval of the rates presented for the new golf & clubhouse banquet only. Alderman Hollingsworth moved and Alderman Shea seconded the motion to approve the Golf & Clubhouse banquet only rates as presented. The motion was approved and Mayor Pagano put the motion to a roll call vote as follows: Alderman Bateman, yes; Alderman Reitmeyer, yes; Alderman Thomas, absent; Alderman Hollingsworth, yes; Board President Shea, yes; Alderman Violet, yes; Alderman Barclay, yes; Alderman Aytes, yes. Vote passed: 7 yes, 0 no, 1 absent. TDS BENESEK

20 Page 8 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018 o Spencer Road Reconstruction Project Mr. Benesek presented the following budget update for TDS regarding the Spencer Road Reconstruction Project and explained the project location and existing road conditions. With the proposed changes the City will seek funding and find out in August or September this year.

21 Page 9 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018 The impact round-a-bouts would have with emergency vehicles was discussed and should not be a concern. The center of the round-a-bouts should be low maintenance. Comments were made that this is a greatly needed project and questions on the slab work timeline were addressed.

22 Page 10 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018 The location and examples of the pedestrian refuge islands were discussed.

23 Page 11 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018 The cost and timeline of this project was presented as follows: o City Limit Signs & Entrance Monuments Burt presented the following photos of enhanced city limit signs for discussion. Staff recommended the standard and favorable MoDOT sign on the right of the following slide; and photos of each selected sign location were discussed.

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25 Page 13 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018

26 Page 14 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018 Mr. Benesek discussed the following project schedule and requested the approval of 6 enhanced city limit signs and proposed locations at a cost of $75,000. Alderman Barclay moved and Alderman Hollingsworth seconded the motion to approve purchase and installation of the 6 enhanced city limit signs and proposed locations at a cost of $75,000. The motion was approved and Mayor Pagano put the motion to a roll call vote as follows: Alderman Bateman, yes; Alderman Reitmeyer, yes; Alderman Thomas, absent; Alderman Hollingsworth, yes; Board President Shea, yes; Alderman Violet, yes; Alderman Barclay, yes; Alderman Aytes, yes. Vote passed: 7 yes, 0 no, 1 absent.

27 Page 15 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018 Mr. Benesek presented two concepts of City entrance monuments and proposed placement at I-70 and Mid Rivers Mall Drive east and west bound exit ramps and MO 364 and Mid Rivers Mall Drive east bound exit ramp for discussion. Included with the monument will be lighting and a type of evergreen; and he provided the project schedule and cost. Alderman Hollingsworth moved and Alderman Violet seconded the motion to approve City entrance monument sign concept 1 as presented. The motion was approved and Mayor Pagano put the motion to a roll call vote as follows: Alderman Bateman, yes; Alderman Reitmeyer, yes; Alderman Thomas, absent; Alderman Hollingsworth, yes; Board President Shea, yes; Alderman Violet, yes; Alderman Barclay, yes; Alderman Aytes, yes. Vote passed: 7 yes, 0 no, 1 absent.

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31 Page 19 of 19 FY 19 Budget Update Work Session - Minutes of July 31, 2018 MISCELLANEOUS UPDATES Mayor Pagano discussed the costs and City s obligation to pay for maintenance, upkeep and staffing of the City s outdoor pools, as it is under the enterprise fund; and he recounted the City s current 2018 season offer to Rec-Plex members of free outdoor summer pool passes. Mayor recommended discontinuing the offer for 2019 and emphasized notifying the residents of this change well in advance of next season. Mr. Batzel recommended staff to review and summarize the outdoor pool attendance, costs and new Rec-Plex membership statistics after Labor Day, and to come back to the Board in September or early October with information on how it performed prior to making any decision. As requested by the Board of Aldermen at a previous Work Session, Ms. Pratt provided an update regarding the Committee By-Laws Boards and Commissions Chairperson term. She stated the Chairperson term is one year for all Advisory Boards/Commissions with the exemption of Planning and Zoning Commission, Board of Adjustment, the Personnel Review Board and Outpatient Surgical Treatment Facility Board; the Chairperson cannot succeed themselves; and that succession from Vice-Chairperson to Chairperson is not automatic. Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section (1)(2)(3)(9)(12)(13)(14) & (1-6) Alderman Shea moved and Alderman Violet seconded the motion to adjourn the meeting at approximately 6:20 p.m. Motion carried and the meeting was adjourned. Respectfully submitted, Patricia E. Smith City Clerk

32 E-01a

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

34 BILL NO I-01 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE ADOPTION OF THE GENERAL FUND, DEBT SERVICE FUND, COMMUNITY DEVELOPMENT BLOCK GRANT 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, 2018 AND ENDING SEPTEMBER 30, WHEREAS, the City Administrator, acting as the Budget Officer for the City of Saint Peters, has prepared budgets for the General Fund, Debt Service Fund, Community Development Block Grant 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 in accordance with the requirements of said funds of the City; and WHEREAS, the department heads of the operating departments of the City have participated in the drafting of said budgets, and have agreed to the budgeted amount for the operation of their respective department; and WHEREAS, the anticipated expenditures from each of the above funds do not exceed the anticipated revenues plus any unencumbered fund balance for the fiscal year. DRAFT NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF SAINT PETERS, MISSOURI, AS FOLLOWS: SECTION NO. 1 General Fund Budget (a) That the budget for the General Fund of the City prepared as presented for fiscal year 2019 including anticipated revenues, transfers in, and unencumbered fund balance of $43,795,602, anticipated expenditures, reserve transfers, and transfers out of $38,324,695, and an anticipated ending unencumbered fund balance of $5,470,907, be and is hereby adopted as the budget for the City of Saint Peters, Missouri. (b) That the anticipated General Fund expenditures as specified in Section 1(a) of this Ordinance are hereby appropriated for expenditure by department as follows: HES - Building Attendants $ 1,055,230 HES - Health $ 904,240 HES - Vehicle & Equipment Maintenance $ 940,855 MPS - Police $ 14,117,850 PGS - Parks-General $ 4,595,355 RCS - Cultural Arts Centre $ 235,820 SSS - Administration $ 6,877,930

35 SSS - Communications $ 1,270,360 SSS - Community & Economic Development $ 596,255 SSS - Governmental $ 1,352,650 SSS - Municipal Court $ 448,570 SSS - Prosecutor s Office $ 140,050 TDS - Engineering $ 2,196,630 TDS - Streets Department $ 2,217,900 Subtotal $ 36,949,695 Debt Service on 2010 Refunding Bonds $ 21,000 Transfer to Debt Service Fund $ 414,000 Transfer to Recreation Fund $ 180,000 Transfer to Trust Post Retirement Benefits $ 510,000 Transfer to (from) Reserves $ (250,000) Transfer to Contingency Reserve $ 500,000 TOTAL $ 38,324,695 SECTION NO. 2 Debt Service Budget (a) That the budget for the Debt Service Fund of the City prepared and presented for fiscal year 2019 including anticipated revenues, transfers from other funds, and unencumbered fund balance of $6,317,986, anticipated expenditures of $4,369,400, and an anticipated unencumbered fund balance of $1,948,586, be and is hereby adopted as the budget for the City of St. Peters, Missouri. (b) That the anticipated Debt Service expenditures as specified in Section 2(a) of this Ordinance are hereby appropriated to satisfy the debt service requirements of the following general obligation bond issues: Collection and Assessment Fees $ 50,000 Uncollectable Taxes $ 1,900 Distribution Fees $ 4, St. Peters Lakeside Business Park Refunding (2002) $ 345, B Storm Water/Creek Stabilization Refunding $ 130, Storm Water/Creek Stabilization $ 250, Storm Water/Creek Stabilization $ 655, Justice Center/Public Works Refunding (2007) $ 721, Justice Center Refunding (2008) $ 626, Storm Water/Creek Stabilization $ 510, Parks & Recreation $ 805, Storm Water/Creek Stabilization $ 271,000 TOTAL $ 4,369,400 DRAFT SECTION NO. 3 Community Development Block Grant Subrecipient Fund: (a) That the budget for the Community Development Block Grant Subrecipient Fund of the City prepared as presented for fiscal year 2019 including anticipated revenues and unencumbered fund balance of $200,000, anticipated expenditures of $200,000 and an anticipated ending unencumbered fund balance of $0, be and is hereby adopted as the budget for the City of Saint Peters, Missouri. (b) That the anticipated Community Development Block Grant Subrecipient Fund expenditures as specified in Section 3(a) of this Ordinance are hereby appropriated for expenditures supporting activities that benefit persons of low and moderate income as set out in the Housing and Urban Development s guidelines as follows:

36 Public Service $ 40,000 Rehabilitation of Private Properties $ 159,000 Miscellaneous Expense $ 1,000 TOTAL $ 200,000 SECTION NO. 4 County Sewer Lateral Repair Program Fund: (a) That the budget for the County Sewer Lateral Repair Program Fund of the City prepared as presented for fiscal year 2019 including anticipated revenues and unencumbered fund balance of $113,949, anticipated expenditures of $60,000, and an anticipated ending unencumbered fund balance of $53,949, be and is hereby adopted as the budget for the City of Saint Peters, Missouri. (b) That the anticipated County Sewer Lateral Repair Program Fund expenses as specified in Section 4(a) of this Ordinance are hereby appropriated for expenditure as follows: Administration $ 5,000 Sewer Lateral Repairs $ 55,000 TOTAL $ 60,000 SECTION NO. 5 Local Parks and Storm Water Fund Budget: (a) That the budget for the Local Parks and Storm Water Fund of the City prepared as presented for fiscal year 2019 including anticipated revenues, transfers from other funds and unencumbered fund balance of $9,248,717, anticipated expenditures and reserve transfers of $8,480,670, and an anticipated ending unencumbered fund balance of $768,047, be and is hereby adopted as the budget for the City of Saint Peters, Missouri. (b) That the anticipated Local Parks and Storm Water Fund expenses as specified in Section 5(a) of this Ordinance are hereby appropriated for expenditure as follows: Ranger Division $ 603,960 Parks Department $ 652,000 Storm Water/Creek Stabilization $ 2,434,245 Debt Service for Park Projects (2010C COPs) $ 167,500 Debt Service for Park Projects (2018 COPs) $ 210,000 Subtotal $ 4,067,705 Overhead/Fleet Allocation $ 268,100 Transfer to Debt Service Fund for 2010B G.O. Bonds $ 130,000 Transfer to Debt Service Fund for 2012 G.O. Bonds $ 250,000 Transfer to Debt Service Fund for 2014 G.O. Bonds $ 655,000 Transfer to Debt Service Fund for 2016 G.O. Bonds $ 510,000 Transfer to Debt Service Fund for 2018 G.O. Bonds $ 271,000 Transfer to 370 Lakeside Park Fund $ 143,675 Transfer to Golf & Banquet Center Fund $ 604,390 Transfer to Recreation Fund $ 1,450,000 Transfer to (from) Reserves $ 100,000 Transfer to Trust Post Retirement Benefits $ 30,800 TOTAL $ 8,480,670 DRAFT

37 SECTION NO. 6 Sewer Lateral Repair Program Fund: (a) That the budget for the Sewer Lateral Repair Program Fund of the City prepared as presented for fiscal year 2019 including anticipated revenues and unencumbered fund balance of $1,221,935, anticipated expenditures of $733,900, and an anticipated ending unencumbered fund balance of $488,035, be and is hereby adopted as the budget for the City of Saint Peters, Missouri. (b) That the anticipated Sewer Lateral Repair Program Fund expenses as specified in Section 6(a) of this Ordinance are hereby appropriated for expenditure as follows: Administration $ 133,900 Sewer Lateral Repairs $ 600,000 TOTAL $ 733,900 SECTION NO. 7 Special Allocation Fund Old Town Levee Budget: (a) That the DRAFT budget for the Special Allocation Fund Old Town Levee of the City prepared as presented for fiscal year 2019 including anticipated revenues, transfers from other funds and unencumbered fund balance of $2,166,444, anticipated expenditures and reserve transfers of $2,166,444, and an anticipated ending unencumbered fund balance of $0, be and is hereby adopted as the budget for the City of Saint Peters, Missouri. (b) That the anticipated Special Allocation Fund Old Town Levee expenses as specified in Section 7(a) of this Ordinance are hereby appropriated for expenditure as follows: Reimburse Water Sewer Fund $ 349,891 Other Expense $ 22,500 Subtotal $ 372,391 Transfer to Reserve for Anticipated PILOTS $ 1,794,053 TOTAL $ 2,166,444 SECTION NO. 8 Special Allocation Fund St. Peters Lakeside Park Budget: (a) That the budget for the Special Allocation Fund St. Peters Lakeside Park of the City prepared as presented for fiscal year 2019 including anticipated revenues, transfers from other funds and unencumbered fund balance of $0, anticipated expenditures and reserve transfers of $0, and an anticipated ending unencumbered fund balance of $0, be and is hereby adopted as the budget for the City of Saint Peters, Missouri. (b) That the anticipated Special Allocation Fund St. Peters Lakeside Park expenses as specified in Section 8(a) of this Ordinance are hereby appropriated for expenditure as follows: City of Saint Peters, Missouri. Debt Service $ 0 Other Expense $ 0 Subtotal $ 0 Transfer to Reserve for Anticipated PILOTS $ 0 TOTAL $ 0 SECTION NO. 9 Transportation Trust Fund Budget (a) That the budget for the Transportation Trust Fund of the City prepared and presented for fiscal year 2019 including anticipated revenues, transfers from other funds, and unencumbered fund balance of $13,299,262, anticipated expenditures and transfers to other funds of $12,041,810, and an anticipated unencumbered fund balance of $1,257,452, be and is hereby adopted as the budget for the

38 (b) That the anticipated Transportation Trust Fund expenditures as specified in Section 9(a) of this Ordinance are hereby for expenditures as follows: Road Construction & Traffic Signal Installation $ 4,126,315 Street Maintenance $ 4,692,925 Traffic Management $ 2,240,170 Contingency $ 50,000 Subtotal $ 11,109,410 Debt Service $ 751,000 Transfer to Trust Post Retirement Benefits $ 14,600 Administration Overhead $ 166,800 TOTAL $ 12,041,810 SECTION NO. 10 Water Service Line Repair Program Fund: (a) That the budget for the Water Service Line Repair Program Fund of the City prepared as presented for fiscal year 2019 including anticipated revenues and unencumbered fund balance of $340,086, anticipated expenditures of $289,600, and an anticipated ending unencumbered fund balance of $50,486, be and is hereby adopted as the budget for the City of Saint Peters, Missouri. (b) That the anticipated Water Service Line Repair Program Fund expenses as specified in Section 10(a) of this Ordinance are hereby appropriated for expenditure as follows: Administration $ 36,900 Water Line Repairs $ 252,700 TOTAL $ 289,600 SECTION NO Lakeside Park Fund Budget: (a) That the budget for the 370 Lakeside Park Fund of the City prepared as presented for fiscal year 2019 including anticipated revenues, transfers from other funds and unencumbered fund balance of $907,275, anticipated expenditures and transfers out of $907,275, and an anticipated ending unencumbered fund balance of $0, be and is hereby adopted as the budget for the City of Saint Peters, Missouri. (b) That the anticipated 370 Lakeside Park Fund expenses as specified in Section 11(a) of this Ordinance are hereby appropriated for operating expenses of the Fund. DRAFT SECTION NO. 12 Central Materials Processing Facility (CMPF) Fund Budget: (a) That the budget for the CMPF Fund of the City prepared as presented for fiscal year 2019 including anticipated revenues, transfers from other funds and unencumbered fund balance of $6,314,321, anticipated expenditures and transfers out of $5,227,815, and an anticipated ending unencumbered fund balance of $1,086,506, be and is hereby adopted as the budget for the City of Saint Peters, Missouri. (b) That the anticipated CMPF Fund expenses as specified in Section 12(a) of this Ordinance are hereby appropriated for operating expenses of the Fund. SECTION NO. 13 Golf and Banquet Center Fund Budget: (a) That the budget for the Golf and Banquet Center Fund of the City prepared as presented for fiscal year 2019 including anticipated revenues, transfers from other funds and unencumbered fund balance of $1,523,875, anticipated expenditures and transfers out of $1,523,875, and an anticipated ending unencumbered fund balance of $0, be and is hereby adopted as the budget for the City of Saint Peters, Missouri.

39 (b) That the anticipated Golf and Banquet Center Fund expenses as specified in Section 13(a) of this Ordinance are hereby appropriated for operating expenses of the Fund. SECTION NO. 14 Recreation Fund Budget: (a) That the budget for the Recreation Fund of the City prepared as presented for fiscal year 2019 including anticipated revenues, transfers from other funds and unencumbered fund balance of $7,721,111, anticipated expenditures, reserve transfers, and transfers out of $7,701,570, and an anticipated ending unencumbered fund balance of $19,541, be and is hereby adopted as the budget for the City of Saint Peters, Missouri. (b) That the anticipated Recreation Fund expenses as specified in Section 14(a) of this Ordinance are hereby appropriated for expenditure as follows: Rec-Plex Expense $ 5,635,000 General Recreation Expense $ 662,470 Subtotal $ 6,297,470 Debt Service $ 1,348,000 Transfer to/ (from) Reserves $ 5,000 Transfer to Trust Post Retirement Benefits $ 51,100 TOTAL $ 7,701,570 SECTION NO. 15 Solid Waste Fund Budget: (a) That the budget for the Solid Waste Fund of the City prepared as presented for fiscal year 2019 including anticipated revenues, transfers from other funds and unencumbered fund balance of $7,164,212, anticipated expenditures and transfers out of $6,449,600, and an anticipated ending unencumbered fund balance of $714,612, be and is hereby adopted as the budget for the City of Saint Peters, Missouri. (b) That the anticipated Solid Waste Fund expenses as specified in Section 15(a) of this Ordinance are hereby appropriated for expenditures related to solid waste collection. SECTION NO. 16 Water/Sewer Fund: (a) That the budget for the Water/Sewer Fund of the City prepared and presented for fiscal year 2019 including anticipated revenues of $12,706,700, a beginning Interest Reserve Fund Balance of $500,000, a beginning Contingency Fund balance of $1,397,037, anticipated expenses, reserve transfers, and transfers out of $13,183,013, and an ending anticipated Interest Reserve Fund balance of $500,000, and an ending Contingency Fund balance of $920,724, be and is hereby adopted as the budget for the City of Saint Peters, Missouri. (b) That the anticipated Water/Sewer Fund expenses as specified in Section 16(a) of this Ordinance are hereby appropriated as follows: Operating Expenses $ 8,926,675 Capital Expenditures $ 825,000 Transfer to (from) Bond Reserves $ 7,688 Debt Service $ 2,586,750 Subtotal $ 12,346,113 Administration/Fleet Overhead $ 750,400 Transfer to Trust Post Retirement Benefits $ 86,500 TOTAL $ 13,183,013 DRAFT

40 SECTION NO. 17 That the funds shall be expended in substantially the same manner as presented to the Board of Aldermen in the details of the 2018/19 Annual Budget, the original copy, and subsequent amendments, of which are on file this date in the office of the City Clerk, and incorporated herein by this reference. SECTION NO. 18 That the Mayor and City Administrator are hereby authorized to expend these funds in accordance with the provisions of this Ordinance, subject to the provision of Ordinance No. 326, or as said Ordinance from time to time may be amended. SECTION NO. 19 This Ordinance shall be in full force and effect as of the date of its final passage and approval. SECTION NO. 20. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION NO. 21. 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. Read two times, passed and approved this 23 rd day of August, Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City ClerkDRAFT

41 BILL NO I-02 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS AND OF THE CODE OF THE CITY OF ST. PETERS, MISSOURI RELATING TO THE WATER AND SEWER RATES BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI AS FOLLOWS: SECTION NO. 1 - That Subsection (A) of Section Water Rate Structure of the St. Peters City Code shall be amended to read as follows: A. Occupants and owners of premises connected to the water system of the City shall pay for water drawn from the water system of the City bi-monthly according to readings of the meters in each particular case as follows: BI-MONTHLY RATE SCHEDULE Meter Size 5/8" and 3/4"...First 4,000 Gallons (Minimum)...$19.46 Next 6,000 Gallons... $3.52/M Next 10,000 Gallons...$ 2.71/M All over 20,000 Gallons... $2.30/M 1"...First 20,000 gallons (Minimum)...$67.68 All over 20,000 gallons... $2.30/M 1 1/2"...First 40,000 gallons (Minimum)...$ All over 40,000 gallons... $2.30/M 2"...First 60,000 gallons (Minimum)...$ All over 60,000 gallons... $2.30/M 3"...First 100,000 gallons (Minimum)...$ All over 100,000 gallons... $2.30/M 4" and Larger...First 200,000 gallons (Minimum)...$ All over 200,000 gallons... $2.30/M DRAFT SECTION NO. 2 - That Subsection (C) of Section Sewer Rate Structure of the St. Peters City Code shall be amended to read as follows: C. (Reference is made to Appendix A & B of this Ordinance, which are on file in the City offices.) The minimum bi-monthly charge shall be $4.27 of which $1.14 is for billing and collection and $3.13 is for treatment of Infiltration and Inflow. In addition, each contributor shall pay a user charge rate of $2.82 per 1,000 gallons of water (or wastewater) as determined in Section 6 of Appendix A to this Ordinance, of which $1.74 is for operation and maintenance and $1.08 is for debt service.

42 SECTION NO. 3 - That Subsection (D) of Section Sewer Rate Structure of the St. Peters City Code shall be amended to read as follows: D. (Reference is made to Appendix A, which is on file in the City offices.) For those customers who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement is: $ per pound BOD $ per pound SS $ per pound COD SECTION NO. 4 - That Subsection (L) of Section Sewer Rate Structure of the St. Peters City Code shall ClerkDRAFT be amended to read as follows: L. (Reference is made to Appendix C of this Section, which is on file in the City offices.) In addition to all other charges payable under this Title VII, each customer of the sewer system located outside the City limits of St. Peters, Missouri, and located in a Special Service Area, as that term is defined in Section , shall pay in addition to such other fees, a bi-monthly surcharge of twenty-two dollars and fifty-nine cents ($22.59). SECTION NO. 5 - This Ordinance shall be in full force and effect for bills issued after October 1, SECTION NO. 6. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION NO. 7. Severability Clause If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. Read two times, passed and approved this 23rd day of August, Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City

43 APPENDIX "A" TO SEWER USER CHARGE ORDINANCE This appendix presents the methodology to be used in calculating user charge rates and surcharges and illustrates the calculations followed in arriving at the first year's user charges and surcharges. The unit costs established in this appendix are based on estimates of expenses and loadings. The actual expenses and loadings that occur may differ from these estimates and certainly they will change as time passes. Therefore, the unit costs must be reestablished whenever necessary to reflect actual expenses and loadings. Once the system is in use, the expenses and loadings can be determined from operating records and the unit costs can be adjusted based on these figures. 1. Expenses: The total annual expenses associated with the treatment works, as defined in Section 2(k) (8) of Ordinance No. 573, are estimated as follows: Budget Wastewater Water Combined Customer Surcharge Total Billing and Collection 134, , ,140 Administrative 389, ,168 8, ,774 Utilities (Electric, Gas, Telephone) 481, , ,300 Labor (Incl. Fringe Benefits) 2,058,770 2,035, ,487 4,307,335 Material Costs 160,300 1,271, ,432,310 Replacement Costs 719, ,093 3,430 1,306,400 Debt Service 2,147, , ,586,750 Purchase of Equipment 435, , ,405 Other 476, ,461 19, ,911 Sub-Total 7,003,114 5,926, ,100 13,175, Allocation of Expenses: The total operation and maintenance including replacement expense is allocated to the appropriate pollutants in the following manner: Annual $ to Treat Annual Flow = % annual cost allocated to flow x (total annual O & M budget minus billing & collection, treatment of I & I, and debt service) (45%) = 1,958,285 Annual $ to Treat Annual BOD = % annual cost allocated to BOD x (total annual O & M budget minus billing and collection, treatment of I & I, and debt service) (35%) = 1,523,111 Annual $ to Treat Annual SS = % annual cost allocated to SS x (total annual O & M budget minus billing & collection, treatment of I & I, and debt service) (20%) = 870, Loadings: DRAFT The hydraulic loading is estimated to be 1,981,400,000 gal/year The BOD loading is estimated to be 4,089,800 pounds/yr The SS loading is estimated to be 3,835,000 pounds/yr

44 4. Unit Costs: Initial unit cost for Debt Service in $/Gals = Annual Debt Service 2,147,003 = 1.08 /M Est. Annual Hydraulic Loading 1,981,400,000 Initial unit cost for Flow in $/Gals = Annual Cost to Treat Annual Flow 1,958,285 = 0.99 /M Est. Annual Hydraulic Loading 1,981,400,000 Initial unit cost for BOD in $/Pound = Annual Cost to Treat Annual BOD 1,523,111 = 0.37 /lb Est. Annual BOD Loading 4,089,800 Initial unit cost for SS in $/Pound = Annual Cost to Treat Annual SS 870,349 = 0.23 /lb Est. Annual SS Loading 3,835,000 The unit cost for BOD and SS are to be inserted in Section 6 of this Appendix. 5. Minimum Charge: Annual Billing and Collection Cost 134,366 Annual cost to treat infiltration/inflow (assumed clear water) including costs to investigate / determine sources and perform remedial work on sewers and appurtenances = unit costs to treat flow annual infiltration/inflow 370,000 Total Annual Minimum Cost 504,366 DRAFT Minimum Charge/User/Billing Period (475,736/19,679/6) 4.27 This minimum charge/user/billing period is to be inserted in Section 2 of this Ordinance. 6. Residential User Unit Charge: The residential user unit charge is calculated as follows using the pollutant concentration defining normal domestic wastewater in Section 2 (k) (2), of Ordinance No Debt Service unit charge = unit flow charge 1.08/M System Operating Charge = unit flow charge.15/m Residential unit charge = unit flow charge.99/m + (unit BOD charge) (BODND)200( ).37/M + (unit SS charge) (SSND)225(.00834).23/M $ 2.82/M gal.

45 Where: Residential unit charge is in $/1000 gal. * Unit flow charge is in $/1000 gal. from Paragraph 4 * Unit BOD charge is in $/lb. BOD from Paragraph 4 * Unit SS charge is in $/lb. SS from Paragraph 4 BOD ND is the normal domestic BOD strength in milligrams liter (mg/l) as defined in Section of the Code of the City of St Peters and is a unit conversion factor. SS ND is the normal domestic SS strength in mg/l as defined in Section of the Code of the City of St Peters and is a unit conversion factor. This total residential unit charge is to be inserted in Section 3 of this Ordinance. 7. Extra Strength Users: For users who contribute wastewater that has greater strength than normal domestic wastewater, the users charge will be calculated as follows: Total bi-monthly charge is extra strength user = charge to residential user + surcharge for BOD (if appropriate) + surcharge for SS (if appropriate) + surcharge for COD (if appropriate) Total bi-monthly charge to extra strength users: minimum charge +v(residential unit charge) +v(unit BOD charge) (BOD ES - BOD ND) (.00834) +v(unit SS charge) (SS ES - SS ND) (.00834) +v(unit COD charge) (COD reported - COD limit) (.00834) Where: Total bi-monthly charge to extra strength user is in dollars. * Minimum charge is in dollars as calculated in paragraph 5 * v is the volume of wastewater in 1000 gallons discharged by the extra strength user during the billing period. * Residential unit charge is in $/1000 gal. as calculated in paragraph 6. * Unit BOD charge is in $/lb. BOD from paragraph 4. * Unit SS charge is in $/lb. SS from paragraph 4. * Unit COD Surcharge Rate ($/lb) = 50% of BOD Rate ($/lb) * BOD ES is the reported BOD concentration in milligrams per liter (mg/l) contributed by the extra strength user during the billing period. * SS ES is the reported SS concentration in mg/l contributed by the extra strength user during the billing period. * BOD ND is the normal domestic BOD strength in milligrams liter (mg/l) as defined in Section of the Code of the City of St Peters and is a unit conversion factor. * SS ND is the normal domestic SS strength in mg/l as defined in Section of the Code of the City of St Peters and is a unit conversion factor. * COD reported is the reported COD strength in mg/l as reported by the extra strength user in accordance to their Industrial Wastewater Discharge Permit. * COD limit is the local COD limit as defined in Section of the Code of the City of St Peters and is a unit conversion factor DRAFT

46 APPENDIX "C" SPECIAL SERVICE AREA SURCHARGE WESTWOOD ESTATES/ST. MARY'S/ST. PETERS ESTATES CITY CODE SECTION (L) PRE-DESIGN COST Thru 12/31/34 Interest 2.80% Years 20 Project Cost $ 99,770 Amortized Cost/Year $ 6,583 # of Customers 810 Bi-monthly Surcharge $ 1.35 PRE-DESIGN COST CHANGE ORDER AND DESIGN COST Thru 09/30/36 Interest 2.80% Years 20 Project Cost $ 179,581 Amortized Cost/Year $ 11,849 # of Customers 810 Bi-monthly Surcharge $ 2.44 DRAFT CONSTRUCTION COST Thru 09/30/37 Interest 3.02% Years 20 Project Cost $ 1,356,643 Amortized Cost/Year $ 91,356 # of Customers 810 Bi-monthly Surcharge $ Total Bi-monthly Surcharge $ 22.59

47 BILL NO I-03 ORDINANCE NO. AN ORDINANCE AMENDING SECTION B.1 OF THE CODE OF THE CITY OF ST. PETERS, MISSOURI RELATING TO THE SOLID WASTE SERVICE RATES BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI AS FOLLOWS: SECTION NO. 1 - That Section B.1 Service Charges of the St. Peters City Code shall be amended to read as follows: 1. Service charges. City solid waste service shall consist of regular collection and special collection of residential solid waste. a. Service charges billed on and after October 1, 2018, shall be imposed on each dwelling unit and residential property as follows: Standard City solid waste container... $24.25 per month Special City solid waste container for physically disabled or handicapped... $22.15 per month Special City solid waste container for each dwelling unit in multiple housing facilities... $15.50 per month Each additional standard/special solid waste container (excluding bulk container)... $17.75 per month Special bulk containers for each dwelling unit in multiple housing facilities... $11.35 per month b. In addition, service charges billed on or after April 14, 1997, shall be imposed on each dwelling unit and residential property for weekly curbside recycling as follows: Curbside recycling service $0.00 per two (2) months ($0.00 per week) DRAFT SECTION NO. 2 - This Ordinance shall be in full force and effect as of the date of its final passage and approval. SECTION NO. 3 - Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION NO. 4 - Severability Clause If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

48 Read two (2) times, passed and approved this 23 rd day of August, Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk DRAFT

49 BILL NO I-04 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH THE CITY OF ST. CHARLES, MISSOURI, FOR THE HERMITAGE STORM SEWER IMPROVEMENT PROJECT P-31 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, improve water quality and prevent flooding; and WHEREAS, the Missouri Revised Statutes Sections through , as amended, authorize political subdivision to contract and cooperate with any other municipality or political subdivision for the planning, development, construction, acquisition, or operation of any public improvement or facility, or for a common service; and DRAFT WHEREAS, construction of the Hermitage Storm Sewer Improvement Project P- 31 necessitates entering into an Intergovernmental Cooperation Agreement with the City of St. Charles for use of existing utility and/or storm sewer easements granted to them to construct the Project, along with granting the City of St. Peters authority to acquire additional easements on their behalf for construction of said Project. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the Mayor of the City of St. Peters, Missouri be and he is hereby authorized to enter into an Intergovernmental Cooperation Agreement with the City of St. Charles, Missouri, in substantially the form attached hereto and incorporated by reference herein, for the Hermitage Storm Sewer Improvement Project P-31.

50 SECTION 2. The Mayor be and he is hereby authorized to negotiate, execute and administer said Agreement on behalf of the City of St. Peters. SECTION 3. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 4. Severability Clause. If any term, condition, or provision of this Ordinance shall, to any extend, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid, is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 5. This ordinance shall be in full force and take effect form and after the date of its final passage and approval. Read two times, passed and approved this 23 rd day of August, Attest: Patricia E. Smith, City Clerk Len Pagano, as Presiding Officer and as Mayor DRAFT

51 INTERGOVERNMENTAL COOPERATION AGREEMENT This Intergovernmental Cooperation Agreement (the Agreement ) is made and entered into as of the day of, 2018, by and between the CITY OF ST. CHARLES, MISSOURI, a constitutional charter city (hereinafter St. Charles ), and the CITY OF ST. PETERS, MISSOURI, a city of the fourth class (hereinafter St. Peters ). WITNESSETH: WHEREAS, St. Charles and St. Peters wish to improve storm water drainage within a certain area of their respective jurisdictions; and WHEREAS, construction of certain public storm sewers and related improvements are necessary to improve storm water drainage within such area described as the P-31 Hermitage Storm Sewer Improvement Project (hereinafter Project ), and which necessitates obtaining easements from property owners within both jurisdictions; and WHEREAS, Missouri Revised Statutes Sections through , as amended, authorizes any municipality or political subdivision to contract and cooperate with any other municipality or political subdivision for the planning, development, construction, acquisition, or operation of any public improvement or facility, or for a common service; and WHEREAS, St. Charles and St. Peters are desirous of entering into this Agreement to provide for the design, easement acquisition, construction and maintenance of the Project. NOW THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: Section 1. Term of Agreement. This Agreement shall become effective upon its execution by all parties hereto. DRAFT Section 2. Use of Existing Easements and Replacement of Existing Infrastructure. St. Charles hereby authorizes St. Peters to utilize any and all existing easements owned by it and necessary to complete construction of the Project. In addition, St. Charles hereby authorizes St. Peters to construct, reconstruct and/or replace any existing storm water improvements within the St. Charles corporate limits necessary for completion of the Project. Section 3. Acquisition Authority. St. Charles hereby authorizes St. Peters to acquire in the name and on behalf of St. Charles, by negotiation, certain easements, both temporary and permanent, across certain tracts of land in the incorporated part of St. Charles required for the Project and more particularly described as Lot 86 and Lot 87 of Diekamp Homestead Plat Five, a subdivision plat recorded in Plat Book 31, Page 5 of the St. Charles County, Missouri, Records; and more commonly known as 28 Thrasher Court and 26 Thrasher Court, respectively. St. Charles shall have the right to inquire about and inspect any documentation relating to St. Peters efforts to acquire the easement or easements required across such tracts of land, and to make reasonable

52 suggestions based upon any appraisal obtained by St. Peters regarding the compensation to be paid for the acquisition of such easements. Section 4. Costs Associated with Acquisition. All costs associated with the acquisition of such easements, including compensation paid to any land owner, shall be paid by St. Peters. The parties agree that St. Charles shall also not share in any costs of litigation associated with acquisition of the easements. For purposes of this Agreement, the term costs of litigation shall mean all: brokerage commissions; costs of title commitments, reports or policies; surveys; soil and hazardous waste and other property related reports; appraisals; professional fees of any kind or nature, including engineering, architects and attorneys fees; filing fees, witness fees, costs of transferring any of the property from St. Peters to St. Charles or vice versa, recording fees, experts fees, and all court costs. Section 5. Control of Acquisition. St. Peters is acting as an independent contractor hereunder. St. Charles shall be kept informed with regard to the acquisition of the easements within its corporate limits as described in this Agreement. None of St. Peters employees nor any of its agents shall be deemed employees of St. Charles, but rather will be independent contractors serving in a professional capacity. Nothing contained in this Agreement shall be interpreted as authorizing St. Charles to control the means, manner and method by which St. Peters performs its obligations hereunder. The primary interest and responsibility of St. Charles is to ensure that the services covered by this Agreement shall be performed and rendered in a competent, efficient and professional manner. Section 6. Insurance. St. Peters shall maintain a commercial general liability insurance policy for coverage of the injuries and damages for which it, as a political subdivision, is legally obligated under Missouri law to pay, shall name St. Charles as an additional insured party, and shall maintain limits of coverage in an amount equal to the current value of the limitation on awards as published annually in the Missouri Register pursuant to Section , RSMo., as amended, except for those claims governed by the provisions of the Missouri workers compensation law, which policy shall provide workers compensation for the statutory limits in accordance with Chapter 287, RSMo 2000, as amended. DRAFT The insurance policy shall be maintained in force at all times during the term of this Agreement. Certificate(s) of Insurance stating that the policy is in full force and effect and that the same will not be altered, amended or terminated without thirty (30) days prior written notice being sent to St. Charles. Notwithstanding anything herein to the contrary, no provision, term, or condition in this Agreement shall constitute, or be construed as, a waiver of the defenses of sovereign immunity, official immunity, or governmental immunity, by whatever name, as set forth in Section RSMo. et. seq., for any monetary amount whatsoever, or of any other defenses, howsoever named, that are, or in the future may become, available to the parties by statute or common law. Section 7. Construction Standards and Permits. The Project will be designed and constructed in accordance with Chapter 550 of the St. Peters City Code, which adopts Standard Construction Specifications for Sewers and Drainage Facilities of the Metropolitan St. Louis

53 Sewer District, and Chapter 4 of The Metropolitan St. Louis Sewer District Rules and Regulations and Engineering Design Requirements for Sanitary Sewage and Storm Water Drainage Facilities, with certain additions, insertions and deletions. St. Peters will make a full plan submittal to St. Charles for review, comment, and approval for work to be completed within their jurisdiction. St. Peters will also apply for any necessary permits from St. Charles (St. Charles shall waive any of their permit fees associated with the construction of the Project). St. Charles may inspect the portion of the Project constructed within its jurisdiction. Section 8. Maintenance of Completed Improvements. It shall be the responsibility of each respective jurisdiction to operate and maintain all completed storm sewer improvements so constructed within their respective corporate limits once the project construction is completed in accordance with the plan submittal. Section 9. Termination. In the event St. Peters violates any provision of federal, state or local law or regulations with regard to the acquisition of the right-of-way or easements described in this Agreement, St. Charles may terminate this Agreement upon thirty (30) days prior written notice. Section 10. Execution in Counterparts. It is agreed by the parties that a signature to this Agreement that is delivered via facsimile or electronic transmission shall be deemed valid as if an original signature. In addition, this Agreement may be signed in any number of counterparts, and if so signed and delivered, the counterparts, taken together and bearing the parties signatures, shall together be deemed to be an original and shall constitute but one and the same binding Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF ST. CHARLES, MISSOURI By: Sally A. Faith, Mayor DRAFT ATTEST: City Clerk

54 CITY OF ST. PETERS, MISSOURI By: Len Pagano, Mayor ATTEST: Patricia E. Smith, City Clerk DRAFT

55 BILL NO I-05 ORDINANCE NO. AN ORDINANCE ACCEPTING FOR MAINTENANCE THE DEDICATION OF A CERTAIN SECTION OF THE STORM SEWER SYSTEM LOCATED WITHIN EITHER PUBLIC ROADWAY RIGHTS-OF-WAY OR UTILITY EASEMENTS CONTAINED IN THE PREMIER 370 BUSINESS PARK PLAT ONE, AS RECORDED IN DEED BOOK 45, PAGES , IN THE OFFICE OF THE RECORDER OF DEEDS OF ST. CHARLES COUNTY, MISSOURI, AND CONNECTED TO 1000 PREMIER PARKWAY BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI AS FOLLOWS: SECTION 1. The City of St. Peters, Missouri, does hereby accept for maintenance, as part of the storm sewer system of said City, a certain section of storm sewer located either in roadway rights-of-way or utility easements contained in the Premier 370 Business Park Plat One, as recorded in Deed Book 45, Pages , in the Office of the Recorder of Deeds of St. Charles County, Missouri, and connected to 1000 Premier Parkway, to wit: 138 Lineal Feet of twenty-four inch (24 ) RCP beginning at the storm sewer end of pipe #7471EOP050 to, and including, storm sewer end of pipe #7471EOP051; and The City of St. Peters does hereby accept the aforesaid storm sewer lines as part of the public storm sewer system of said City in perpetuity. DRAFT SECTION 2. That said certain sections of a storm water system identified in SECTION 1 of this Ordinance shall, from and after the recording of said Instrument of Dedication of Improvements, become part of the storm sewer systems of said City in perpetuity. Duke Realty Limited Partnership is hereby relieved of maintenance of said certain section of said storm sewer system. SECTION 3. The Mayor of the City of St. Peters, Missouri, be and is hereby authorized to execute said Instrument of Dedication of Improvements which is by and between Duke Realty Limited Partnership and the City of St. Peters, Missouri, and the Clerk of the City of St. Peters, Missouri is hereby authorized to affix the seal of the City to said Instrument of Dedication of Improvements and directed to cause said document to be recorded in the office of the Recorder of Deeds of St. Charles County, Missouri. No.

56 SECTION 4. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 5. Severability Clause. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this DRAFT Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 6. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 23 rd day of August, Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk No.

57 BILL NO I-06 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AGREEMENTS PROVIDING FOR TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS AND/OR PERMANENT DRAINAGE AND UTILITY EASEMENTS FOR CONSTRUCTION OF THE PARKDALE/BLACKWOOD CHANNEL IMPROVEMENTS PROJECT (P- 20) (LOFFTUS/GRAVES/AUBUCHON) 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 Parkdale/Blackwood Channel Improvements Project (P- 20) necessitates obtaining a permanent drainage and utility easement from Patricia A. Lofftus, a single person; a temporary construction easement agreement and a permanent drainage and utility easement agreement from Ross J. Graves and Mildred A. Graves, husband and wife; and a temporary construction easement agreement and a permanent drainage and utility easement from Ruth A. Aubuchon, a single person; and DRAFT WHEREAS, said Patricia A. Lofftus and the City of St. Peters are desirous of entering in an Agreement providing for a permanent drainage and utility easement for said Parkdale/Blackwood Channel Improvements Project (P-20); and WHEREAS, said Ross J. and Mildred A. Graves, and Ruth A. Aubuchon, and the City of St. Peters are all desirous of entering in Agreements providing for both permanent drainage and utility easements and temporary construction easement agreements for said Parkdale/Blackwood Channel Improvements Project (P-20). 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, a Permanent No.

58 Drainage and Utility Easement Agreement with Patricia A. Lofftus, a single person, in substantially the form attached hereto and made a part hereof, for the Parkdale/Blackwood Channel Improvements Project (P-20). SECTION 2. 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, Permanent Drainage and Utility Easement Agreements and Temporary Construction Easement Agreements with Ross J. Graves and Mildred A. Graves, husband and wife, and Ruth A. Aubuchon, a single person, in substantially the forms attached hereto and made a part hereof, for the Parkdale/Blackwood Channel Improvements Project (P-20). SECTION 3. 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 4. 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 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. DRAFT SECTION 6. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 23 rd day of August, Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk No.

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89 BILL NO I-07 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO A CONTRACT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT SPENCER CREEK PARK WHEREAS, the City of St. Peters desires to provide playgrounds in City parks; and WHEREAS, the current playground equipment at Spencer Creek Park was installed in 2001 and has been identified as needing to be replaced; and WHEREAS, funds have been appropriated by the Board of Aldermen for the completion of this project; and WHEREAS, proposals were received from five (5) companies on July 11, 2018; and WHEREAS, it is recommended that the bid be awarded to Miracle Recreation Equipment Company of Monett, Missouri. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: DRAFT SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to enter into a contract with Miracle Recreation Equipment Company in the amount of $225, for the purchase and installation of playground equipment and site amenities at Spencer Creek Park. SECTION 2. That the City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City of St. Peters. SECTION 3. The Project approved by this Ordinance is subject to the requirements of Section , RSMo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ( OSHA ) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. Non-compliance with this ordinance will

90 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 would have enacted this Ordinance without the invalid or unenforceable provisions. DRAFT In the event of a subsequent change in applicable law so that the provision, which had been held invalid, is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 6. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 23 th day of August, Len Pagano, As Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

91 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 PERMANENT DRAINAGE EASEMENTS FOR CONSTRUCTION OF THE SUN RIVER VILLAGE/MCCLAY MEADOWS STORMWATER IMPROVEMENT PROJECT P-21 (SUN RIVER VILLAGE) WHEREAS, DRAFT 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 Sun River Village/McClay Meadows Stormwater Improvement Project P-21 necessitates obtaining two (2) permanent drainage easements from Jungs Station Associates, a California Limited Partnership. 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 two (2) permanent drainage easements, by a Permanent Drainage Easements Agreement, with Jungs Station Associates, a California Limited Partnership, in substantially the form attached hereto and made a part hereof, for the Sun River Village/McClay Meadows Stormwater Improvement Project P-21. 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 thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. No.

92 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 23 rd day of August, Patricia E. Smith, City Clerk Len Pagano, as Presiding Officer and as Mayor DRAFT No.

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101 BILL NO I-09 ORDINANCE NO. AN ORDINANCE DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO A CONTRACT WITH EQUIPMENT TECHNOLOGY, LLC FOR THE PURCHASE OF AN AERIAL LIFT BUCKET TRUCK WHEREAS, the City of St. Peters desires to procure adequate equipment for the operation of its Parks and Golf Services Group in order to provide continued, quality service to its residents; and WHEREAS, funds have been appropriated by the Board of Aldermen for the procurement of this vehicles and equipment; and WHEREAS, it is recommended that the contract be awarded to Equipment Technology, LLC as the dealer holding the current Missouri Department of Transportation Procurement Contract pricing as the low bidder for a negotiated purchase. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION NO. 1. The City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to execute a contract with Equipment Technology, LLC in the amount of $108, for the purchase of a 2018 Ford F550 A19-84 truck, equipped with an insulated aerial and related equipment. SECTION NO. 2. That the City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City of St. Peters. SECTION NO. 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 hereof.draft matter

102 SECTION NO. 5. Severability. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid is no longer valid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. Read two times, passed, and approved this 23 rd day of August Attest: Patricia E. Smith, City Clerk Len Pagano, as Mayor and as Presiding Officer DRAFT

103 BILL NO I-10 ORDINANCE NO. AN ORDINANCE APPROVING A PLAN FOR AN INDUSTRIAL DEVELOPMENT PROJECT IN THE CITY; APPROVING A DEVELOPMENT PROJECT AGREEMENT; AND AUTHORIZING THE CITY TO TAKE CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. WHEREAS, the City of St. Peters, Missouri, a fourth-class city and political subdivision of the State of Missouri (the City ), is authorized and empowered pursuant to the provisions of Article VI, Section 27(b) of the Missouri Constitution and Sections through , inclusive, of the Revised Statutes of Missouri, as amended (collectively, the Act ), to purchase, construct, improve and equip certain projects (as defined in the Act), to issue industrial revenue bonds for the purpose of providing funds to pay the costs of such projects, and to lease or otherwise dispose of such projects to private persons or corporations for manufacturing, commercial, office industry, warehousing and industrial development purposes upon such terms and conditions as the City shall deem advisable; and WHEREAS, Amazon.com Services, Inc., a Delaware corporation ( Amazon ) and Duke Realty Limited Partnership, an Indiana limited partnership, formerly known as and doing business in Missouri as Duke Realty of Indiana Limited Partnership ( Duke and, together with Amazon, the Companies ) have requested that the City (1) issue its Taxable Industrial Revenue Bonds (4000 Premier Parkway Real Property Project), Series 2018, in the maximum principal amount of $100,000,000 (the Real Property Bonds ), for the purpose of acquiring certain real property known and numbered as 4000 Premier Parkway in the City (the Project Site ) and constructing an approximately 850,000 square foot facility thereon (the Project Improvements ) to be occupied by Amazon and (2) issue its Taxable Industrial Revenue Bonds (4000 Premier Parkway Personal Property Project), Series 2018, in the maximum principal amount of $140,000,000 (the Personal Property Bonds and, together with the Real Property Bonds, the Bonds ), for the purpose of acquiring and installing certain personal property (the Project Equipment and, together with the Project Site and the Project Improvements, the Project ) at the Project Site; and DRAFT WHEREAS, the Act requires the City to prepare a plan in connection with an industrial development project undertaken pursuant to the Act; and WHEREAS, a Plan for an Industrial Development Project and Cost/Benefit Analysis (the Plan ) has been prepared in the form of Exhibit A attached hereto; and WHEREAS, notice of the City s consideration of the Plan has been given in the manner required by the Act, and the Board of Aldermen has fairly and duly considered all comments submitted to the Board of Aldermen regarding the proposed Plan; and WHEREAS, the Board of Aldermen hereby finds and determines that it is desirable for the improvement of the economic welfare and development of the City and within the public purposes of the Act that the City approve the Plan pursuant to the Act and enter into a Development Project Agreement with the Companies, under which the City and the Companies will make certain agreements with respect to the Project and the Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

104 Section 1. as Exhibit A hereto. Approval of the Plan. The Board of Aldermen hereby approves the Plan attached Section 2. Authorization for the Project. The City is hereby authorized to provide for the purchase, construction, improvement, equipping and installation of the Project. Section 3. Authorization of Development Project Agreement. The City is hereby authorized to enter into the Development Project Agreement (the Agreement ) between the City and the Companies presented to and approved by the Board of Aldermen and attached to this Ordinance as Exhibit B, with such changes therein as shall be approved by the officials of the City executing the documents, such officials signatures thereon being conclusive evidence of their approval thereof. The Mayor is hereby authorized to execute the Agreement and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance, for and on behalf of and ClerkDRAFT as the act and deed of the City. The City Clerk is hereby authorized to attest to and affix the seal of the City to the Agreement and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance. Section 4. Further Authority. The City shall, and the officials, agents and employees of the City are hereby authorized to, take such further action, and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance and to carry out, comply with and perform the duties of the City with respect to the Agreement. Section 5. 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. Section 6. 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 invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. Section 7. Effective Date. This Ordinance shall take effect and be in full force immediately after its passage and approval. Read two times, passed and approved this 23rd day of August, (SEAL) Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City -2-

105 EXHIBIT A CITY OF ST. PETERS, MISSOURI PLAN FOR AN INDUSTRIAL DEVELOPMENT PROJECT AND COST/BENEFIT ANALYSIS FOR AMAZON.COM SERVICES, INC. DRAFT

106 EXHIBIT B DEVELOPMENT PROJECT AGREEMENT DRAFT

107 BILL NO I-11 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS MISSOURI TO EXECUTE A SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION, OPERATION, OWNERSHIP AND MAINTENANCE OF THE ST. CHARLES COUNTY DIGITAL P25 LAND MOBILE RADIO MICROWAVE SYSTEM FOR PUBLIC SAFETY AND EMERGENCY COMMUNICATIONS WHEREAS, pursuant to Ordinance No. 6008, the City Administrator was authorized to execute an intergovernmental agreement for the construction, operation, ownership and maintenance of the St. Charles County Digital P25 Land Mobile Radio Microwave System for public safety and emergency communications; and WHEREAS, to finance the County s costs of programming Subscriber Units of Participating Jurisdictions, Section 8.A.2.d of the System Agreement provided for the payment of Programming Fees identified in Exhibit E: Programming Fees, which was attached to and incorporated by reference in the System Agreement; and WHEREAS, however, the County has not yet collected those Programming Fees because the originally agreed-to fees needed to be revised to reflect costs of programming which are lower than the parties anticipated in their System Agreement; and WHEREAS, to revise the programming fees authorized by the System Agreement, the undersigned parties agree to amend Sections 8.A.2.d and 11.O.5 of the System Agreement, and to substitute a new Exhibit E Revision 1: Programming Fees for the System Agreement s original Exhibit E: Programming Fees, as provided herein; DRAFT NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION NO. 1. Second Amendment to Intergovernmental Agreement. A. That the terms and provisions of the Second Amendment of the Intergovernmental Agreement attached hereto, marked as Attachment A, be and they hereby are, in all respects approved, and that the City Administrator is hereby authorized, empowered and directed to further negotiate, execute, acknowledge, deliver and administer on behalf of the City said Second Amendment to the Intergovernmental Agreement in substantially the form attached hereto, as Attachment A. B. That the City Administrator is hereby further authorized and directed for and on behalf of and in the name of the City to agree to do any and all other acts and things and to execute and deliver any and all other agreements, documents, instruments and certificates, all as may be necessary or appropriate to consummate the above mentioned Intergovernmental Agreement, and to perform all of the terms, provisions and conditions of the Intergovernmental Agreement. The execution by the City Administrator of any agreement, document, instrument, check or certificate referred to in this Ordinance and the

108 Intergovernmental Agreement shall be conclusive evidence of the approval thereof and of all of the terms, provisions and conditions contained therein. Any and all acts which the City Administrator may do or perform in conformance with the powers conferred upon them by this Ordinance are hereby expressly authorized, approved, ratified and confirmed. SECTION NO. 2. 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. SECTION NO. 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 NO. 4. Effective Date. 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 23rd day of August, DRAFT Len Pagano, As Presiding Officer and as Mayor Patricia E. Smith, City Clerk

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