JOURNAL OF THE BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, PERRY COUNTY, MISSOURI.

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1 September 19, 2017 JOURNAL OF THE BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, PERRY COUNTY, MISSOURI. The Board of Aldermen of the City of Perryville, Perry County, Missouri, met at City Hall in said City on the above date in regular session pursuant to adjournment. Present: Ken Baer, Mayor; Curt Buerck, Tom Guth, Prince Hudson, Douglas Martin, Larry Riney, and David J. Schumer, Aldermen; Brent Buerck, City Administrator; ; and Thomas Ludwig, City Attorney. Mayor Baer opens the meeting. Lucas Fritsche leads the Pledge of Allegiance and invocation. Mayor Baer congratulates Assistant Chief of Police Bill Jones on acquiring his 7 th star for his 35 years of service as a police officer. Mayor Baer now opens the meeting for citizens participation from the floor. There being no one coming forth, Mayor Baer closes the citizens participation portion of the meeting. CONSENT AGENDA ITEMS 3. Approve minutes from meeting of September 5, Approve Financial Report for August, CITY OF PERRYVILLE STATEMENT OF CASH POSITION AUGUST, 2017 CURRENT CURRENT April 1, 2016 REVENUE EXPENSE FUND ACOUNTS CURRENT CASH FUND NAME Fund Balance Y-T-D Y-T-D NET INCOME BALANCE RECEIVABLE LIABILITIES BALANCE 101 Gen Rev $ 1,744, $ 3,202, $ (2,337,749.18) $ 864, $ 2,609, $ 1,455, $ 35, $ 1,189, FSA Administration $ 4, $ $ - $ $ 4, $ - $ - $ 4, Asset Forfeiture $ $ - $ - $ - $ $ - $ Trans Trust $ 474, $ 542, $ (518,024.14) $ 24, $ 498, $ $ 3, $ 500, Perry Park Ctr. $ (1,412,281.62) $ 889, $ (919,465.36) $ (30,053.98) $ (1,442,335.60) $ 6, $ 1,459, $ 9, Veterans Field $ 16, $ 9, $ (8,159.56) $ 1, $ 18, $ - $ - $ 18, Field Improvement $ 4, $ 10, $ (12,291.80) $ (1,920.99) $ 2, $ - $ - $ 2, Debt Service $ 539, $ 5, $ (112,075.22) $ (106,502.35) $ 432, $ 8, $ 8, $ 432, Cap Imp Sls Tax Rev $ 849, $ 306, $ (443,214.62) $ (136,401.90) $ 712, $ - $ - $ 712, Gen Pub Fac $ - $ - $ - $ - $ - $ - $ - $ TIF 1-Hwy 51/61 $ 150, $ 1, $ (85,709.09) $ (84,311.07) $ 66, $ - $ - $ 66, Economic Develop $ $ 51, $ (30,000.00) $ 21, $ 21, $ - $ - $ 21, TIF 2-Downtown $ 108, $ 275, $ (379,522.57) $ (104,464.83) $ 3, $ - $ - $ 3, TIF 3-I55/HWY 51 $ 394, $ 1, $ - $ 1, $ 396, $ - $ - $ 396, Street Imp $ 794, $ 143, $ (415,391.17) $ (271,615.35) $ 523, $ - $ - $ 523, Refuse $ 382, $ 313, $ (315,572.56) $ (2,523.39) $ 380, $ 91, $ 5, $ 293, CWSS Op $ 2,709, $ 1,939, $ (1,907,382.65) $ 32, $ 2,741, $ 378, $ 127, $ 2,490, Gas Op $ 4,126, $ 1,683, $ (2,913,285.91) $ (1,229,827.65) $ 2,896, $ 275, $ 191, $ 2,812, TOTAL $ 10,889, $ 9,376, $ (10,397,843.83) $ (1,021,749.60) $ 9,868, $ 2,216, $ 1,829, $ 9,481, Approve Pay Estimate 4 to Lappe Cement Finishing, Inc., for the Edgemont Extension Project - $59, Approve Pay Application 2 to T. Drury Contracting, Inc., relative to the PRV Stations Project - $19, Approve Pay Application 5 to R.E. Pedrotti Co., Inc., relative to SCADA Modification Project - $3, Approve Pay Request 4 (Final) to Kiefner Bros. re Airport Fuel Farm Facility Project - $44, Approve Invoices 1975, 1978, and 1985 to Spectra-Tech, LLC for 2017 Manhole Lining Project - $91,

2 10. Approve Pay Application 13 to Phoenix Fabricators and Erectors for the Tanks 4 and 6 Project - $249, Accept bids received for T-Hangar Apron Overlay Project and award to Jokerst, Inc., per recommendation from Crawford, Murphy & Tilly, contingent upon approval from Missouri Highway and Transportation Department - $90, Name of Bidder Address Jokerst, Inc Highway 32 Ste. Genevieve, MO TOTAL BID $90, Accept bids received for the Variable Frequency Drive Unit Project and award to Electrical Controls Company per the recommendation from Water Plant Superintendent Jeremy Meyer - $31, Electrical Controls Company Illinois Electric Works (WEG) Cape Electric Vandevanter Engineering RE Pedrotti Illinois Electric Works (Toshiba) $27,930 $38,921 $45,330 $59,971 $51,166 $64, Approve request and Festival Application from Khala Young for Hocus Pocus downtown event scheduled for Friday, October 20, 2017, from 7 p.m. to 11 p.m. 14. Approve request from the Chamber of Commerce and Downtown Revitalization Committee to close streets for the Moonlight Madness event Thursday, October 26, 2017, from 5:30 p.m. to 7:30 p.m. 15. Approve proposal from FairmountSantrol to plant trees in the City parks. 16. Approve recommendation from Police Department to install Cross Traffic Does Not Stop signs on Shelby Street at its intersection with Edgemont Boulevard. END OF CONSENT AGENDA At this time, Mayor Baer asks if anyone wishes to remove anything from the Consent Agenda. Alderman Hudson presents motion to approve the Consent Agenda. Alderman Buerck seconds the motion, and on vote the motion passes. At this time, Jennifer Fritsche, organizer of a group entitled Fun for All explains to the Board of Aldermen that they would like to raise money to install an all-inclusive playground in Perryville. Ms. Natalie

3 MacKay and Mr. Jim Volmer of Unlimited Play relate their reasons for involvement in Unlimited Play and how they help design playgrounds and help hold fundraisers to pay for the playgrounds. Parks & Recreation Director Jim Cadwell informs the Board that the City has a splash pad in next year s budget, and it is the group s hope that the splash pad can be placed next to the new playground. The group tells the Board that they believe the French Lane Park area would be a good place for the playground and ask the Board to consider allowing the playground to be placed at this location. After further discussion and review, Alderman Buerck makes a motion to approve the site of French Lane Park, a/k/a Robert J. Miget Park, for the construction of the all-inclusive playground. Alderman Hudson seconds the motion, and on vote the motion carries. The next step in the process is for the City of Perryville to enter into a Memorandum of Understanding to show donors that the City approves the concept. This will be presented at a future meeting. At this time, Jeff Hay, of Kerber, Eck & Braeckel, presents the 2017 audit findings to the Board of Aldermen and reviews the findings. He notes that the City received a clean opinion and that the City is in good financial condition. After discussion and review, Alderman Riney makes a motion to accept the 2017 audit from Kerber, Eck and Braeckel. Alderman Schumer seconds the motion, and on vote the motion carries. The Board now reviews a request from Carisa Stark, for Mary Jane s Burgers and Brew, to add additional lighting across Jackson Street in front of her building. City Administrator Buerck informs the Board that he has also received a request from 15 West that they would like to hang additional lighting from their building to the existing street lamp in front of the building. After discussion and review, Alderman Buerck makes a motion that these requests be approved contingent upon both businesses presenting their plan to the Building Inspector and it is determined by the Building Inspector that the requests comply with the City s ordinances. Alderman Schumer seconds the motion, and on vote the motion carries. The Board now reviews a proposed ordinance regarding fireworks. After discussion and review, Alderman Hudson makes a motion that staff bring the ordinance back for approval after a few minor changes as suggested by the Board. Alderman Buerck seconds the motion, and on vote the motion carries. SECOND READING AND FINAL PASSAGE: Now, at this time, the Board proceeds to approve Bill No. 5730, AN ORDINANCE AMENDING TITLE 15, CHAPTER 15.17, OF THE CODE OF ORDINANCES OF THE CITY OF PERRYVILLE, MISSOURI, RELATIVE TO SINKHOLE BASINS; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. Bill No is read a second time on motion by Alderman Buerck, seconded by Alderman Riney. Thereupon on motion by Alderman Buerck, seconded by Alderman Riney, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, aye; Douglas K. Martin, aye; Larry Riney, aye; David J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO AN ORDINANCE AMENDING TITLE 15, CHAPTER 15.17, OF THE CODE OF ORDINANCES OF THE, RELATIVE TO SINKHOLE BASINS; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE, AS FOLLOWS:

4 Section 1. That Title 15, Chapter 15.17, Article 2, Section , of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended to read as follows: Lands to which chapter applies. This chapter shall apply to all lands within the jurisdiction of the City of Perryville, Missouri, identified as unnumbered A zones, on the Flood Insurance Rate Map (FIRM) Perry County maps dated August 2, 2011, on map panel numbers 29157C0095C, 29157C0115C, 29157C0210C, and 29157C0230C, as amended, and any future revisions thereto, as well as any sinkhole basins as identified by the city administrator or his designee. In all areas covered by this chapter, no development shall be permitted except through the issuance of a floodplain development permit granted by the board of aldermen or its duly designated representative under such safeguards and restrictions as the board of aldermen or its duly designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted hereinafter. Section 2. That Title 15, Chapter 15.17, Article 2, Section , of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended to read as follows: Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside unnumbered A zones or land uses permitted within such areas or identified sinkhole basins will be free from flooding or flood damage. This chapter shall not create a liability on the part of the City of Perryville or any officer or employee thereof for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder. Section 3. That Title 15, Chapter 15.17, Article 3, Section , Subsection G, of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended to read as follows: Duties and responsibilities of floodplain administrator. * * * G. Where base flood elevation from other sources is utilized within unnumbered A zones or identified sinkhole basins: 1. Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures; 2. Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved nonresidential structures have been floodproofed; 3. When floodproofing techniques are utilized for a particular nonresidential structure, the floodplain administrator shall require certification from a registered professional engineer or architect.

5 Section 4. That Title 15, Chapter 15.17, Article 4, Section , Subsection A, of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended to read as follows: General standards. A. Permits. No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any unnumbered A zone or identified sinkhole basin unless the conditions of this section are satisfied. Section 5. That Title 15, Chapter 15.17, Article 4, Section , Subsection B, of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended to read as follows: General standards. * * * B. Review. All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-year flood or identified sinkhole basin; however, the base flood elevation is not provided. Development within unnumbered A zones or identified sinkhole basins is subject to all provisions of this chapter. If flood insurance study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources. Section 6. That Title 15, Chapter 15.17, Article 4, Section , Subsection C, of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended to read as follows: Manufactured homes. * * * C. Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within unnumbered A zones on the community's FIRM or in identified sinkhole basins that are not subject to the provisions of section of this code be elevated so that either: 1. The lowest floor of the manufactured home is at least one (1) foot above the base flood level; or 2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Section 7. That Title 15, Chapter 15.17, Article 4, Section , of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended to read as follows: Recreational vehicles.

6 A. Require that recreational vehicles placed on sites within unnumbered A zones on the community's FHBM or FIRM or identified sinkhole basins either: 1. Be on the site for fewer than 180 consecutive days, or 2. Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions); or 3. Meet the permitting, elevation, and the anchoring requirements for manufactured homes of this chapter. Section 8. It is the intent of the Mayor and Board of Aldermen of the City of Perryville, Missouri, and it is hereby ordained that this ordinance shall become and be made a part of the Code of Ordinances of the City of Perryville, Missouri, and that sections of this ordinance may be renumbered to accomplish such intention. Section 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining Section 10. That this ordinance shall take effect and be in force from and after its passage and approval. Section 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this 19th day of September, 2017, by a vote of 6 ayes, 0 nays, 0 abstentions and 0 absent. Now, at this time, the Board proceeds to approve Bill No. 5731, AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK OF THE, TO ATTEST TO THE CITY'S ACCEPTANCE OF CERTAIN PROPERTY, WHICH SAID PROPERTY IS PARTICULARLY SET FORTH IN THE ATTACHED EASEMENT DEED. Bill No is read a second time on motion by Alderman Buerck, seconded by Alderman Martin. Thereupon on motion by Alderman Buerck, seconded by Alderman Schumer, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, aye; Douglas K. Martin, aye; Larry Riney, aye; David J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO: 5731 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF PERRYVILLE, MISSOURI, TO ATTEST TO THE CITY'S ACCEPTANCE OF CERTAIN

7 PROPERTY, WHICH SAID PROPERTY IS PARTICULARLY SET FORTH IN THE ATTACHED EASEMENT DEED. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE, AS FOLLOWS: Section 1. The Mayor and Board of Aldermen of the City of Perryville, Missouri, do hereby accept the Easement Deed from Double H. Ventures, LLC, which is attached hereto, subject to all of the terms and conditions therein expressed. Section 2. The Mayor and City Clerk of the City of Perryville be, and they are, hereby authorized to do all acts and execute all instruments appropriate or necessary to accept the Easement Deed. Section 3. The City Clerk is hereby directed to file a copy of the Easement Deed with the Recorder of Deeds of Perry County, Missouri. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining Section 5. This ordinance shall take effect and be in force from and after its passage and approval. Now, at this time, the Board proceeds to approve Bill No. 5732, AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK OF THE, TO ATTEST TO THE CITY'S ACCEPTANCE OF CERTAIN PROPERTY, WHICH SAID PROPERTY IS PARTICULARLY SET FORTH IN THE ATTACHED EASEMENT DEED. Bill No is read a second time on motion by Alderman Martin, seconded by Alderman Buerck. Thereupon on motion by Alderman Martin, seconded by Alderman Buerck, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, aye; Douglas K. Martin, aye; Larry Riney, aye; David J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO: 5732 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF PERRYVILLE, MISSOURI, TO ATTEST TO THE CITY'S ACCEPTANCE OF CERTAIN PROPERTY, WHICH SAID PROPERTY IS PARTICULARLY SET FORTH IN THE ATTACHED EASEMENT DEED. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE, AS FOLLOWS:

8 Section 1. The Mayor and Board of Aldermen of the City of Perryville, Missouri, do hereby accept the Easement Deed from Perryville Development Corporation, which is attached hereto, subject to all of the terms and conditions therein expressed. Section 2. The Mayor and City Clerk of the City of Perryville be, and they are, hereby authorized to do all acts and execute all instruments appropriate or necessary to accept the Easement Deed. Section 3. The City Clerk is hereby directed to file a copy of the Easement Deed with the Recorder of Deeds of Perry County, Missouri. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining Section 5. This ordinance shall take effect and be in force from and after its passage and approval. Now, at this time, the Board proceeds to approve Bill No. 5733, AN ORDINANCE AUTHORIZING THE MAYOR OF THE, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND FLYNN DRILLING COMPANY RELATIVE TO WELL 3 SUBMERSIBLE PUMP SYSTEM; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. Bill No is read a second time on motion by Alderman Buerck, seconded by Alderman Riney. Thereupon on motion by Alderman Buerck, seconded by Alderman Martin, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, aye; Douglas K. Martin, aye; Larry Riney, aye; David J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND FLYNN DRILLING COMPANY RELATIVE TO WELL 3 SUBMERSIBLE PUMP SYSTEM; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. WHEREAS, the Mayor and Board of Aldermen have heretofore reviewed a contract, marked Exhibit A and attached hereto and incorporated herein as if fully set forth; and, WHEREAS, the Mayor and Board of Aldermen of the City of Perryville, Missouri, deem it advisable to enter into said contract; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE, AS FOLLOWS:

9 1. That the Mayor and Board of Aldermen of the City of Perryville approve the contract marked Exhibit A and attached hereto and incorporated herein as if fully set forth between the City of Perryville, a municipal corporation, and Flynn Drilling Company. It is the belief of the Mayor and Board of Aldermen that it is in the best interest of the citizens of the City of Perryville, that the City enters into said contract. 2. That the Mayor be and he is hereby authorized and directed to execute said contract for and on behalf of the City of Perryville, Missouri. 3. That the City Clerk of the City of Perryville is hereby authorized and directed to attest the signature of the Mayor on the attached contract. 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining 5. This ordinance shall take effect and be in force from and after its passage and approval. Now, at this time, the Board proceeds to approve Bill No. 5734, AN ORDINANCE AUTHORIZING THE MAYOR OF THE, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND FRANKLIN CONTRACTING COMPANY, LLC, RELATIVE TO FELTZ STREET PARK PAVILION PROJECT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. Bill No is read a second time on motion by Alderman Martin, seconded by Alderman Schumer. Thereupon on motion by Alderman Martin, seconded by Alderman Schumer, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, aye; Douglas K. Martin, aye; Larry Riney, aye; David J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND FRANKLIN CONTRACTING COMPANY, LLC, RELATIVE TO FELTZ STREET PARK PAVILION PROJECT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. WHEREAS, the Mayor and Board of Aldermen of the City of Perryville, Missouri, have heretofore reviewed a contract, marked Exhibit A and attached hereto and incorporated herein as if fully set forth; and, WHEREAS, the Mayor and Board of Aldermen of the City of Perryville, Missouri, deem it advisable to enter into said contract;

10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE, AS FOLLOWS: 1. That the Mayor and Board of Aldermen of the City of Perryville, Missouri, approve the contract marked Exhibit A and attached hereto and incorporated herein as if fully set forth between the City of Perryville, Missouri, a municipal corporation, and Franklin Contracting Company, LLC. It is the belief of the Mayor and Board of Aldermen that it is in the best interest of the citizens of the City of Perryville, Missouri, that the City enter into said contract. 2. That the Mayor of the City of Perryville, Missouri, be and he is hereby authorized and directed to execute said contract for and on behalf of the City of Perryville, Missouri. 3. That the City Clerk of the City of Perryville, Missouri, is hereby authorized and directed to attest the signature of the Mayor on the attached contract. 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining 5. This ordinance shall take effect and be in force from and after its passage and approval. Now, at this time, the Board proceeds to approve Bill No. 5735, AN ORDINANCE AUTHORIZING THE MAYOR OF THE, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND TAYLORMADE COMPANY RELATIVE TO BALL FIELDS 2 AND 3 PLAYGROUND SURFACE PROJECT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. Bill No is read a second time on motion by Alderman Riney, seconded by Alderman Guth. Thereupon on motion by Alderman Riney, seconded by Alderman Guth, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, aye; Douglas K. Martin, aye; Larry Riney, aye; David J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND TAYLORMADE COMPANY RELATIVE TO BALL FIELDS 2 AND 3 PLAYGROUND SURFACE PROJECT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. WHEREAS, the Mayor and Board of Aldermen have heretofore reviewed a contract, marked Exhibit A and attached hereto and incorporated herein as if fully set forth; and,

11 WHEREAS, the Mayor and Board of Aldermen of the City of Perryville, Missouri, deem it advisable to enter into said contract; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE, AS FOLLOWS: 1. That the Mayor and Board of Aldermen of the City of Perryville approve the contract marked Exhibit A and attached hereto and incorporated herein as if fully set forth between the City of Perryville, a municipal corporation, and Taylormade Company. It is the belief of the Mayor and Board of Aldermen that it is in the best interest of the citizens of the City of Perryville, that the City enters into said contract. 2. That the Mayor be and he is hereby authorized and directed to execute said contract for and on behalf of the City of Perryville, Missouri. 3. That the City Clerk of the City of Perryville is hereby authorized and directed to attest the signature of the Mayor on the attached contract. 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining 5. This ordinance shall take effect and be in force from and after its passage and approval. Now, at this time, the Board proceeds to approve Bill No. 5736, AN ORDINANCE AUTHORIZING THE MAYOR OF THE, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND RICHARDET PAINTING, LLC, RELATIVE TO NATATORIUM INTERIOR PAINTING PROJECT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. Bill No is read a second time on motion by Alderman Riney, seconded by Alderman Guth. Thereupon on motion by Alderman Riney, seconded by Alderman Guth, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, aye; Douglas K. Martin, aye; Larry Riney, aye; David J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND RICHARDET PAINTING, LLC, RELATIVE TO NATATORIUM INTERIOR PAINTING PROJECT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR.

12 WHEREAS, the Mayor and Board of Aldermen have heretofore reviewed a contract, marked Exhibit A and attached hereto and incorporated herein as if fully set forth; and, WHEREAS, the Mayor and Board of Aldermen of the City of Perryville, Missouri, deem it advisable to enter into said contract; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE, AS FOLLOWS: 1. That the Mayor and Board of Aldermen of the City of Perryville approve the contract marked Exhibit A and attached hereto and incorporated herein as if fully set forth between the City of Perryville, a municipal corporation, and Richardet Painting, LLC. It is the belief of the Mayor and Board of Aldermen that it is in the best interest of the citizens of the City of Perryville, that the City enters into said contract. 2. That the Mayor be and he is hereby authorized and directed to execute said contract for and on behalf of the City of Perryville, Missouri. 3. That the City Clerk of the City of Perryville is hereby authorized and directed to attest the signature of the Mayor on the attached contract. 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining 5. This ordinance shall take effect and be in force from and after its passage and approval. Now, at this time, the Board proceeds to approve Bill No. 5737, AN ORDINANCE AUTHORIZING THE MAYOR OF THE, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND ROB ROY NURSERY & LANDSCAPING, INC. RELATIVE TO PERRY PARK CENTER LANDSCAPING PROJECT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. Bill No is read a second time on motion by Alderman Buerck, seconded by Alderman Riney. Thereupon on motion by Alderman Buerck, seconded by Alderman Martin, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, aye; Douglas K. Martin, aye; Larry Riney, aye; David J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND ROB ROY NURSERY & LANDSCAPING, INC. RELATIVE TO PERRY PARK CENTER

13 LANDSCAPING PROJECT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. WHEREAS, the Mayor and Board of Aldermen have heretofore reviewed a contract, marked Exhibit A and attached hereto and incorporated herein as if fully set forth; and, WHEREAS, the Mayor and Board of Aldermen of the City of Perryville, Missouri, deem it advisable to enter into said contract; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE, AS FOLLOWS: 1. That the Mayor and Board of Aldermen of the City of Perryville approve the contract marked Exhibit A and attached hereto and incorporated herein as if fully set forth between the City of Perryville, a municipal corporation, and Rob Roy Nursery & Landscaping, Inc. It is the belief of the Mayor and Board of Aldermen that it is in the best interest of the citizens of the City of Perryville, that the City enters into said contract. 2. That the Mayor be and he is hereby authorized and directed to execute said contract for and on behalf of the City of Perryville, Missouri. 3. That the City Clerk of the City of Perryville is hereby authorized and directed to attest the signature of the Mayor on the attached contract. 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining 5. This ordinance shall take effect and be in force from and after its passage and approval. Now, at this time, the Board proceeds to approve Bill No. 5738, AN ORDINANCE NAMING VETERANS MEMORIAL PARKWAY, A STREET LOCATED WITHIN THE CITY OF PERRYVILLE, MISSOURI, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. Bill No is read a second time on motion by Alderman Buerck, seconded by Alderman Martin. Thereupon on motion by Alderman Buerck, seconded by Alderman Hudson, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, aye; Douglas K. Martin, aye; Larry Riney, aye; David J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO. 5960

14 AN ORDINANCE NAMING VETERANS MEMORIAL PARKWAY, A STREET LOCATED WITHIN THE, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, a portion of newly-constructed Route AC is located within the city limits of the City of Perryville, Missouri; and WHEREAS, there has not been a plat filed or previous street name given to said street; and WHEREAS, the Board of Aldermen of the City of Perryville, Missouri, deems it appropriate to name said street. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE, AS FOLLOWS: Section 1. That the portion of Route AC which lies within the City of Perryville city limits is hereby named Veterans Memorial Parkway. Section 2. That the City Administrator is hereby instructed to install such signs that will appropriately mark the above street. Section 3. That the City Clerk is hereby instructed to submit a copy of this ordinance to the local postmaster and to file a copy with the Recorder of Deeds of Perry County, Missouri. Section 4. approval. That this ordinance shall take effect and be in force from and after its passage and Now, at this time, the Board proceeds to approve Bill No. 5739, AN ORDINANCE AUTHORIZING THE MAYOR OF THE, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND CITIZENS ELECTRIC CORPORATION RELATIVE TO MODIFICATION OF EXISTING ELECTRIC LINES AT PERRYVILLE REGIONAL AIRPORT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. Bill No is read a second time on motion by Alderman Riney, seconded by Alderman Buerck. Thereupon on motion by Alderman Riney, seconded by Alderman Guth, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, aye; Douglas K. Martin, aye; Larry Riney, aye; David J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND CITIZENS ELECTRIC CORPORATION RELATIVE TO MODIFICATION OF EXISTING ELECTRIC LINES AT PERRYVILLE REGIONAL AIRPORT; FURTHER SAID ORDINANCE SHALL

15 AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. WHEREAS, the Mayor and Board of Aldermen have heretofore reviewed a contract, marked Exhibit A and attached hereto and incorporated herein as if fully set forth; and, WHEREAS, the Mayor and Board of Aldermen of the City of Perryville, Missouri, deem it advisable to enter into said contract; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE, AS FOLLOWS: 1. That the Mayor and Board of Aldermen of the City of Perryville approve the contract marked Exhibit A and attached hereto and incorporated herein as if fully set forth between the City of Perryville, a municipal corporation, and Citizens Electric Corporation. It is the belief of the Mayor and Board of Aldermen that it is in the best interest of the citizens of the City of Perryville, that the City enters into said contract. 2. That the Mayor be and he is hereby authorized and directed to execute said contract for and on behalf of the City of Perryville, Missouri. 3. That the City Clerk of the City of Perryville is hereby authorized and directed to attest the signature of the Mayor on the attached contract. 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining 5. This ordinance shall take effect and be in force from and after its passage and approval. FIRST READING: Alderman Buerck presents motion, seconded by Alderman Martin, and on vote carried Bill No. 5740, entering into an FBO Hangar Rental Agreement with Tim Winters, is read for the first time by title only. The heading is as follows: MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND TIM WINTERS RELATIVE TO FBO HANGAR SPACE RENTAL; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR.

16 Alderman Buerck presents motion, seconded by Alderman Martin, and on vote carried Bill No entering into a T-Hangar Rental Agreement with Michael L. Welker, is read for the first time by title only. The heading is as follows: MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND MICHAEL L. WELKER RELATIVE TO T-HANGAR RENTAL; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. Alderman Riney presents motion, seconded by Alderman Guth, and on vote carried Bill No. 5742, entering into a Development and Lease Agreement with TG Missouri Corporation relative to hiking and biking trail, is read for the first time by title only. The heading is as follows: MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND TG MISSOURI CORPORATION RELATIVE TO HIKE AND BIKE TRAIL; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. Alderman Guth, as the City s liaison to the Board of Adjustments, presents the dilemma the Board of Adjustments recently dealt with regarding a builder who poured his foundation too close to the curb. Apparently, the builder didn t measure correctly and asked for a variance. Alderman Guth notes that it seems people are asking for forgiveness rather than for permission, which makes it difficult for the Board of Adjustments to deny. After discussion, Building Inspector Brown says that she plans to better educate the builders on the correct way to determine property lines. Alderman Guth, as Chairman of the Economic Development Committee, asks EDA Director Sattler to update the Board on economic development activity. He notes that Ponderosa has closed, and that Healthcare was bought out by Southeast Primary Care. City Administrator Buerck reports: Project Dry Basement - To date, four property owners have taken action. In one case, a neighbor asked if action taken could shift the problem to his house. Upon research, staff determined it was possible and offered protection even though nothing had happened to date to that residence. This caused hard feelings with the neighbor who had been affected twice recently and expected more compensation from the City's insurance. Staff believes taking action was preferable once we knew a backup was likely. TG 30 th Anniversary Celebration Oct 6 & 7 - The Board of Aldermen has been invited to TG's celebration of 30 years. Wall2Wall Ride - By all accounts, this was a wonderful event. It is unclear the exact number of bikes that were present but estimates range from 1,500-3,000. It was well attended and much celebrated. SEMO Regional Planning Annual Dinner - Local legend Chauncy Buchheit has announced his retirement at the end of the year. The RPC's annual dinner will mark his last. Airport Fuel - Fuel is moving at the airport. We are developing a plan to complement Larry's efforts with public works support if/when he is unavailable but fuel is needed nonetheless. This is particularly important for jet fuel which is available only by delivery truck.

17 Business in Focus - They have asked for a second follow-up story. They hope to run it this December using the same format of offering ad space to local companies. The previous article turned out great and there is much reason to believe the next will as well. City Engineer Baer informs the Board of the following: Veterans Memorial Sewer and Water Projects These projects are moving along as planned. Edgemont Project This project is complete and the street is open to traffic. TG Trail This project is expected to be complete by October 7. Alderman Hudson asks the Board to consider making a revision to the requirements for car dealerships to obtain their occupational license from the City. He notes that the City does not require a dealership to show proof of being licensed by the state. After discussion and review, Attorney Ludwig agrees that the ordinance can be amended to require car dealerships to show proof of being licensed by the state. This ordinance will be prepared for the Board s approval. Now, at this time, upon motion by Alderman Riney, seconded by Alderman Guth, it is ordered that the Board now convene into Closed Session to discuss contractual matters in accordance with Section (9) RSMo; real estate in accordance with Section (2) RSMo; and personnel matters in accordance with Section (3) RSMo. Roll call showed the aye and nay votes as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, aye; Douglas K. Martin, aye; Larry Riney, aye; David J. Schumer, aye. Totals: aye, six; nay, none. Following discussion and review, it is upon motion by Alderman Buerck, seconded by Alderman Martin, that the Board now reconvenes into regular session for any business that might come forth. Roll call showed the aye and nay votes as follows: Curt Buerck, aye; Tom Guth, aye; Prince Hudson, aye; Douglas K. Martin, aye; Larry Riney, aye; David J. Schumer, aye. Totals: aye, six; nay, none. There being no further business, it is upon motion by Alderman Buerck, seconded by Alderman Hudson, and on vote carried, ordered that the Board now adjourn until Tuesday, October 3, 2017, at 6:30 p.m., the regular meeting in course. MAYOR CITY CLERK

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