CITY OF ST. PETERS BOARD OF ALDERMEN BOA Packet.pdf · BOA ITEMS FOR DISCUSSION NEW BUSINESS ITEMS: Alderman Reitmeyer moved and Alderman Bateman seconded the motion to remove Discussion

CITY OF ST. PETERS BOARD OF ALDERMEN

TENTATIVE AGENDA FOR REGULAR MEETING ST. PETERS JUSTICE CENTER, 1020 GRAND TETON DRIVE, ST. PETERS, MO 63376

November 15, 2018 – 6:30 P.M.

A. Call to Order, Mayor Len Pagano

B. Roll Call

C. Opening Ceremonies

1. Invocation

2. Pledge of Allegiance

3. Proclamation: Small Business Saturday

4. Presentation: 2018 Blue Bag Recycling Contest Drawing – Hanks-Sinecki

5. Presentation: “Blue Cart Crew” Program – Hanks-Sinecki

6. Presentation: “St. Peters Collects” Web and Mobile App – Crain

D. Approval of Minutes: The Board of Aldermen Work Session meeting of October 25, 2018; and the Regular Board of Aldermen meeting of October 25, 2018.

E. Reports of Officers, Boards and Commissions

1. Mayoral Report of Appointments to Boards and Commissions

a. Appointments to the Planning and Zoning Commission

2. City Administrator’s Report:

3. Report of Director, Planning, Community and Economic Development:

a. Petition 18-15 – Amended Planned Urban Development - Lynda Jean Lake – Powers

b. Petition 18-16 – Change of Zoning - Chris Huddleston – Powers

c. Petition 18-17 - Special Use Permit - Chris Huddleston – Powers

d. Petition 18-18 – Special Use Permit - Healthy Body Day Spa LLC – Powers

e. Petition 18-09 – Special Use Permit, LaRose Fields, LLC – Powers

4. St. Peters Business Spotlight:

a. Yuppy Puppy, Jessica Cook

b. YMCA, Renee Tillman

F. Open Forum

1. Citizens Petitions and Comments

2. Communications from the Elected Officials

3. Announcements

G. Public Hearings: None

H. Unfinished Business Items: None

I. New Business Items:

1. Bill No. 18-162: Bill amending certain sections of the Municipal Code of the City of St.Peters, Title IV: Land Use pertaining to zoning property within said City in response toPetition Number 18-16 – Chris Huddleston, by making certain changes in the designateddistricts in certain sections of said City

2. Bill No. 18-163: Bill approving a Special Use Permit in the I-2 Heavy Industrial District topermit the sale of used vehicles, in response to Petition 18-17 (Chris Huddleston) andadopting the Findings of Fact and Conclusions of Law with respect thereto

3. Bill No. 18-164: Bill approving a Special Use Permit in the C-3 General CommercialDistrict to permit therapeutic massage, in response to Petition 18-18 (Healthy Body DaySpa, LLC) and adopting the Findings of Fact and Conclusions of Law with respectthereto

4. Bill No. 18-165: Bill authorizing and directing the City Administrator of the City of St.Peters, Missouri, to execute an Amendment to the Spencer Creek Planned UrbanDevelopment Agreement with Lynda Jean Lake for development of 700 JungermannRoad

5. Bill No. 18-166: Bill repealing Ordinance No. 6992 of the City of St. Peters, Missouri,and establishing dates and times of the Regular meetings of the Board of Aldermen forJanuary, 2019 and January, 2020 [Sponsor: Barclay]

6. Bill No. 18-167: Bill authorizing the City Administrator of the City of St. Peters, Missouri,to enter into an agreement with Schulte Supply for the purchase of residential andcommercial water meters and miscellaneous meter components

7. Bill No. 18-168: Bill authorizing the City Administrator of the City of St. Peters, Missouri,to enter into an agreement providing for a Permanent Utility Easement Agreement and aTemporary Construction Easement Agreement with H2 Properties, LLC for the ParkStreet Sanitary Pump Station and Force Main Project

8. Bill No. 18-169: Bill providing for the Vacation of portions of two (2) utility easements located within Mid Rivers Trade Center Subdivision, as recorded in Plat Book 36 Pages 55-56 and a portion of one (1) utility easement located within Mid Rivers Trade Center Resubdivision of Lot 9A Plat as recorded in Plat Book 42 Pages 277-278 in the Office of the Recorder of Deeds of St. Charles County

9. Bill No. 18-170: Bill providing for and authorizing the Mayor of the City of St. Peters, Missouri to enter into a contract agreement with St. Charles County, Missouri, for use of Saint Charles County Transportation Sales Tax Funds to improve traffic flow on Jungermann Road

10. Bill No. 18-171: Bill providing for and authorizing the Mayor of the City of St. Peters, Missouri to enter into a contract agreement with St. Charles County, Missouri, for use of Saint Charles County Transportation Sales Tax Funds to study Route 370 at Salt River Road

11. Bill No. 18-172: Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into an agreement providing for a Permanent Drainage and Utility Easement for construction of the Ditch B Improvements – North of I-70 Project (Ecology Investors, LLC)

12. Bill No. 18-173: Bill authorizing the City Administrator to negotiate, execute and administer a Facility Use and License Agreement for Recycling Services with Meridian Waste Missouri, LLC

13. Bill No. 18-174: Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into a contract with Toter, a Wastequip Company for the purchase of carts to be used for residential trash and recycling collection

14. Bill No. 18-175: Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into a contract with Roberts Water Technologies, Inc. for Air Scour Equipment at the City’s Water Treatment Plant

15. Bill No. 18-176: Bill authorizing the City Administrator of the City of St. Peters, Missouri, to negotiate and execute a Professional Engineering Service Agreement for the study of the Route 370 and Salt River Road Access Interchange (Horner & Shifrin, Inc.)

J. Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section 610.021 (1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6)

K. Adjournment

AGENDA Posted at City Hall: November 9, 2018 at 4:45 p.m. By: P. Smith, City Clerk

Next Regular Board of Aldermen Meeting: December 20, 2018

CITY OF ST. PETERS BOARD OF ALDERMEN WORK SESSION MINUTES OCTOBER 25, 2018

The Work Session meeting was called to order at approximately 5:00 p.m. on Thursday, October 25, 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; Board President Barclay; Alderman Bateman; Alderman Hollingsworth; Alderman Reimer; Alderman Reitmeyer; Alderman Thomas; Alderman Violet; Burt Benesek, Transportation and Development Services Manager; Dave Kuppler, Health and Environmental Services Manager; Bill Malach, Water Environment Services Manager; Rick Oloteo, Recreation and Cultural Services Manager; Jeff Hutsler, Parks and Golf Services Manager; Cathy Pratt, Staff Support Services Manager; Rick Struttmann, Police Captain; Russ Batzel, City Administrator; and Randy Weber, Special Counsel; Patty Smith, City Clerk. Jeff Finkelstein, Chief of Police was absent. COMMUNICATIONS FROM BOARD MEMBERS/ALDERMANIC REPRESENTATIVES Committee reports were given during this time. BOA ITEMS FOR DISCUSSION NEW BUSINESS ITEMS: Alderman Reitmeyer moved and Alderman Bateman seconded the motion to remove Discussion of Board of Aldermen Meeting Dates in January 2019 and 2020 from the agenda for discussion. The motion was approved. DISCUSSION OF BOARD OF ALDERMEN MEETING DATES IN JANUARY 2019 AND 2020 – BARCLAY Alderman Barclay recommended to avoid a conflict with the Pre-CIP meetings and Pre-Budget work session meetings in January by removing one of the Board of Aldermen meetings in both January 2019 and January 2020. The recommended new dates for the Board of Aldermen meetings will occur on January 17, 2019 and January 23, 2020; which will meet the needs to certify the ballot within the time frame allowed. No further comments or questions from the Board of Aldermen. Alderman Violet moved and Alderman Reitmeyer seconded the motion to place this item on the November 15, 2018 Board of Aldermen meeting agenda. All in favor, the motion was approved. This item will be placed on the November 15, 2018 Board of Aldermen meeting agenda for consideration.

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City of St. Peters: Board of Aldermen Work Session Minutes October 25, 2018 Page 2 of 3

MAYOR/CITY ADMINISTRATOR ITEM NEW BUSINESS ITEMS: Alderman Bateman moved and Alderman Aytes seconded the motion to remove Annual Water Meter Purchase from the agenda for discussion. The motion was approved. ANNUAL WATER METER PURCHASE – MALACH Mr. Malach advised Schulte Supply in St. Peters is the sole source provider of Neptune meters, the automated reading system, in the State of Missouri. Neptune Meters are required to be purchased in order for the meters and electronic heads to be compatible with the meter reading software. This will replace 1730 residential water meters, 30 larger commercial meters, and 30 registers at a cost of $391,480.10. With the Board’s approval, Mr. Malach will bring an ordinance back for the November 15, 2018 Board of Aldermen meeting agenda. No comments or questions from the Board of Aldermen. Alderman Bateman moved and Alderman Reitmeyer seconded the motion to place this item on the November 15, 2018 Board of Aldermen meeting agenda. All in favor, the motion was approved. This item will be placed on the November 15, 2018 Board of Aldermen meeting agenda for consideration. Alderman Hollingsworth moved and Alderman Bateman seconded the motion to remove Terminating the St. Peters Lakeside Tax Increment Financing District from the agenda for discussion. The motion was approved. TERMINATING THE ST. PETERS LAKESIDE TAX INCREMENT FINANCING DISTRICT – PRATT Ms. Pratt advised on tonight’s Board of Aldermen meeting agenda is the ordinance terminating the Lakeside 370 Tax Increment Financing (TIF). She reminded the Board this item was discussed during the FY’19 Budget process. This TIF was established in December of 1999 and would have terminated in December of 2022. Over the past 19 years, the City has received about 1.8 million in revenue. This is business item I-07 on this evening’s Board of Aldermen meeting agenda for consideration. MISCELLANEOUS UPDATES – BATZEL Burt Benesek gave an update on the Mid Rivers Mall Drive corridor improvement project that will begin on Monday, October 29th. He advised they will maintain two northbound and southbound lanes of travel on Mid Rivers Mall Drive from Cottleville Parkway to Dye Club Road. Construction is expected to be completed by early summer of 2019. No further comments or questions from the Board of Aldermen. No further Board of Aldermen action is required on this item. Dave Kuppler gave an update on the intergovernmental cooperation agreement with the City of O’Fallon. He explained the recycling services the City of St. Peters will be providing during the testing phase over the next few months. Staff hopes to have a permanent agreement in place early next year with the City of O’Fallon. No further comments or questions from the

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City of St. Peters: Board of Aldermen Work Session Minutes October 25, 2018 Page 3 of 3

Board of Aldermen. This is business item I-08 on this evening’s Board of Aldermen meeting agenda for consideration. Mr. Batzel advised that due to only one meeting next month, there will be several items on both the Work Session and Board of Aldermen agendas for November 15th meeting. This may include the St. Charles County Road Board agreements, purchase of equipment for the water plant, and irrigation pump station for the Golf Club. BOARD MEETING AGENDA ITEM REVISIONS – BATZEL None EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION 610.021 (1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6) No Executive Session was called at this time. ADJOURNMENT OF THE WORK SESSION Alderman Thomas moved and Alderman Violet seconded the motion to adjourn the Work Session meeting. The motion was approved and the Work Session meeting was adjourned at approximately 5:30 p.m. Submitted by, Patricia E. Smith City Clerk

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CITY OF ST. PETERS CITY HALL BOARD OF ALDERMEN MINUTES OCTOBER 25, 2018

CALL TO ORDER Mayor Pagano called the Board of Aldermen meeting to order at approximately 6:30 p.m. on October 25, 2018, at the St. Peters Justice Center located at 1020 Grand Teton Drive. Patty Smith, City Clerk, called the roll. Present were: Mayor Pagano; Alderman Aytes; Board President Barclay; Alderman Bateman; Alderman Hollingsworth; Alderman Reimer; Alderman Reitmeyer; Alderman Thomas; Alderman Violet; City Administrator Russ Batzel; Special Counsel Weber; Captain Struttmann; and Patty Smith, City Clerk. Chief Finkelstein was absent. Father Suit delivered the Invocation. Mayor led the Pledge of Allegiance. RECOGNITION: RANDOM ACT OF KINDNESS Aldermen Reitmeyer and Thomas presented Caleb and Catherine Thomas with the Random Act of Kindness recognition for raising money with a lemonade stand and a walk for the American Foundation for Suicide Prevention in memory of their brother Joshua Thomas. PRESENTATION: USO PENNIES FOR PATRIOTS Alderman Reitmeyer, along with the Mayor and entire Board of Aldermen, presented to the USO of Missouri a check in the amount of $2500.00 collected from the “Pennies for Patriots” program through aluminum can donations. PROCLAMATION: KNIGHTS OF COLUMBUS 28TH ANNUAL NO HUNGER HOLIDAY, MIKE NARKAWICZ Alderman Barclay read and presented Mike Narkawicz from the Knights of Columbus with a Proclamation for the 28th Annual No Hunger Holiday on Tuesday, November 20, 2018. Mr. Narkawicz thanked the City representatives for their monetary and volunteer support for this program. APPROVAL OF MINUTES: THE BOARD OF ALDERMEN WORK SESSION MEETING OF OCTOBER 11, 2018; AND THE REGULAR BOARD OF ALDERMEN MEETING OF OCTOBER 11, 2018. Alderman Bateman moved and Alderman Violet seconded the motion to approve the Board of Aldermen Work Session meeting minutes of October 11, 2018 and the Regular Board of Aldermen meeting minutes of October 11, 2018. All in favor, the motion carried and the minutes were approved. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MAYORAL REPORT OF APPOINTMENTS TO BOARDS AND COMMISSIONS APPOINTMENT TO SENIOR ADVISORY COMMITTEE

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Board of Aldermen Minutes: City of St. Peters October 25, 2018 Page 2 of 6 Alderman Bateman read the appointment of the following individual to serve as a member to the Senior Advisory Committee: Roger Young, 806 Estes Park Drive (Ward 1), for the term effective immediately and expiring June 30, 2019. He will be filling the vacancy of Patricia Fuchs, who resigned. Alderman Bateman moved and Alderman Barclay seconded the motion to approve the appointment. All in favor, the motion was approved. CITY ADMINISTRATOR’S REPORT None REPORT OF DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT Alderman Bateman left the meeting in progress at approximately 6:54 p.m. PETITION 18-09 – SPECIAL USE PERMIT, LAROSE FIELDS, LLC – POWERS Julie Powers was sworn in by City Clerk Smith before presenting Petition 18-09 by LaRose Fields, LLC who is requesting a Special Use Permit in the SD-RC Special District Retail/Commercial to permit a car wash. The property is approximately 3.36 +/- acre parcel located on the north side of Mexico Road, east of Spencer Road. Staff and the Planning and Zoning Commission recommend approval to the Board of Aldermen on this Special Use Permit application. John Odom, Architect and Daniel Pattillo, Manager were sworn in by City Clerk Smith before giving a brief presentation of the business activity and property. There were no questions or comments from the Board of Aldermen or the public. This is Business Item I-01 on tonight’s Board of Aldermen meeting agenda. Alderman Bateman returned to the meeting in progress at approximately 7:01 p.m. PETITION 18-13 – SPECIAL USE PERMIT, REALLY COOL STUFF SHOP, LLC – POWERS Ms. Powers stated Really Cool Stuff is requesting a Special Use Permit for the sale of used merchandise in the C-3 General Commercial District. The property is approximately 3.22+/- acre parcel located on the west side of Cloverleaf Drive South, south of Mexico Road, 4001-4061 Cloverleaf Drive South. Staff and the Planning and Zoning Commission recommend approval to the Board of Aldermen on this Special Use Permit application. Tammy Brower and Stanley Hoffman were sworn in by City Clerk Smith before giving a brief explanation of the business activity and property. There were no questions or comments from the Board of Aldermen or the public. This is Business Item I-02 on tonight’s Board of Aldermen meeting agenda. ST. PETERS BUSINESS SPOTLIGHT None OPEN FORUM CITIZENS PETITIONS AND COMMENTS None

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Board of Aldermen Minutes: City of St. Peters October 25, 2018 Page 3 of 6 COMMUNICATIONS FROM THE ELECTED OFFICIALS Elected Officials made comments during this time. ANNOUNCEMENTS PUBLIC HEARINGS VOLUNTARY ANNEXATION – MARCHANT PROPERTY, 216 EISENHOWER DRIVE – POWERS Julie Powers presented the Voluntary Annexation of the Mary Marchant property, 1.00+/- acreage, located at 216 Eisenhower into the City of St. Peters, Missouri. This will be discussed at the November 7, 2018 Planning and Zoning meeting and on the following Board of Aldermen meeting to finalize the setting of zoning classification and annexation ordinances. Mayor Pagano opened the Public Hearing at 7:23 p.m., and asked anyone wishing to speak on this annexation to come forward. Seeing no one present to comment, Mayor Pagano closed the Public Hearing at 7:23 p.m. UNFINISHED BUSINESS ITEMS None Alderman Bateman stepped out of the meeting in progress at approximately 7:22 p.m. NEW BUSINESS ITEMS MOTION/FAILED: BILL NO. 18-154: AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE SD-RC SPECIAL DISTRICT RETAIL/COMMERCIAL TO PERMIT A CAR WASH, IN RESPONSE TO PETITION 18-09 (LAROSE FIELDS, LLC) AND ADOPTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT THERETO Alderman Reitmeyer moved and Alderman Violet seconded the motion to introduce the Bill. The motion carried. Alderman Reitmeyer moved and Alderman Violet seconded the motion to read Bill No. 18-154 for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Violet moved and Alderman Aytes seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 18-154 failed. Barclay: No Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: No Violet: No Bateman: Absent Thomas: Yes AYES: 4 NAYS: 3 ABSTENTIONS: 0 ABSENT: 1 MAYOR: Alderman Bateman returned to the meeting in progress at approximately 7:26 p.m. MOTION/APPROVED: BILL NO. 18-155: ORDINANCE NO. 7039: AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE C-3 GENERAL COMMERCIAL DISTRICT TO PERMIT THE SALE OF USED MERCHANDISE, IN RESPONSE TO PETITION 18-13 (REALLY COOL STUFF SHOP, LLC) AND ADOPTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT THERETO

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Board of Aldermen Minutes: City of St. Peters October 25, 2018 Page 4 of 6 Alderman Barclay moved and Alderman Violet seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Violet seconded the motion to read Bill No. 18-155 for the first time. The motion carried and Alderman Reimer read the Bill. Alderman Barclay moved and Alderman Aytes seconded the motion to read the Bill for the second time. The motion carried and Alderman Barclay read the Bill. Alderman Violet moved and Alderman Barclay seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 18-155 passed becoming Ordinance No. 7039. Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO. 18-156: ORDINANCE NO. 7040: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ISSUE A PURCHASE ORDER FOR THE PROCUREMENT OF FURNITURE, FIXTURES AND EQUIPMENT AT THE NEW ST. PETERS GOLF CLUB AND BANQUET CENTER 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. 18-156 for the first time. The motion carried and Alderman Thomas read the Bill. Alderman Thomas moved and Alderman Violet seconded the motion to read the Bill for the second time. The motion carried and Alderman Bateman 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. 18-156 passed becoming Ordinance No. 7040. Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO. 18-157: ORDINANCE NO. 7041: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT WITH WASTEZERO, INC. FOR THE PURCHASE OF BLUE BAGS FOR RECYCLING PURPOSES 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. 18-157 for the first time. The motion carried and Alderman Violet read the Bill. Alderman Hollingsworth moved and Alderman Barclay seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Barclay moved and Alderman Violet seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 18-157 passed becoming Ordinance No. 7041. Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO. 18-158: ORDINANCE NO. 7042: AN ORDINANCE AMENDING SECTION 235.090.B.1 OF THE CODE OF THE CITY OF ST. PETERS, MISSOURI RELATING TO THE SOLID WASTE SERVICE RATES

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Board of Aldermen Minutes: City of St. Peters October 25, 2018 Page 5 of 6 Alderman Violet moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Violet moved and Alderman Reitmeyer seconded the motion to read Bill No. 18-158 for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 18-158 passed becoming Ordinance No. 7042. Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO. 18-159: ORDINANCE NO. 7043: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A CONTRACT CHANGE ORDER WITH DEMIEN CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE NEW ST. PETERS GOLF COURSE CLUBHOUSE AND BANQUET CENTER Alderman Violet moved and Alderman Bateman seconded the motion to introduce the Bill. The motion carried. Alderman Violet moved and Alderman Bateman seconded the motion to read Bill No. 18-159 for the first time. The motion carried and Alderman Reimer read the Bill. Alderman Violet moved and Alderman Hollingsworth 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 Aytes seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 18-159 passed becoming Ordinance No. 7043. Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: No Thomas: Yes AYES: 7 NAYS: 1 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO. 18-160: ORDINANCE NO. 7044: AN ORDINANCE TERMINATING TAX INCREMENT FINANCING WITHIN THE ST. PETERS ROUTE 370 REDEVELOPMENT AREA; DISSOLVING THE SPECIAL ALLOCATION FUND RELATED THERETO; AND AUTHORIZING CERTAIN ACTIONS RELATING THERETO Alderman Hollingsworth moved and Alderman Reimer seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Reimer seconded the motion to read Bill No. 18-160 for the first time. The motion carried and Alderman Thomas read the Bill. Alderman Hollingsworth moved and Alderman Reimer seconded the motion to read the Bill for the second time. The motion carried and Alderman Bateman read the Bill. Alderman Hollingsworth moved and Alderman Violet seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 18-160 passed becoming Ordinance No. 7044. Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR:

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Board of Aldermen Minutes: City of St. Peters October 25, 2018 Page 6 of 6 MOTION/APPROVED: BILL NO. 18-161: ORDINANCE NO. 7045: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE AND EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT FOR RECYCLING SERVICES WITH THE CITY OF O’FALLON, MISSOURI Alderman Thomas moved and Alderman Reimer seconded the motion to introduce the Bill. The motion carried. Alderman Thomas moved and Alderman Reimer seconded the motion to read Bill No. 18-161 for the first time. The motion carried and Alderman Violet read the Bill. Alderman Hollingsworth moved and Alderman Thomas seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Thomas moved and Alderman Hollingsworth seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 18-161 passed becoming Ordinance No. 7045. Barclay: Yes Reimer: Yes Hollingsworth: Yes Reitmeyer: Yes Aytes: Yes Violet: Yes Bateman: Yes Thomas: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION 610.021 (1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6)

No Executive Session called at this time. ADJOURNMENT Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to adjourn the Regular Board of Aldermen meeting. Motion approved and the Regular Board of Aldermen meeting adjourned at approximately 7:38 p.m. Respectfully submitted, Patricia E. Smith City Clerk

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E-01a

APPLICATION

(Applications on file with the City Clerk’s Office)

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NOTICE OF PUBLIC HEARING

The Planning and Zoning Commission of the City of St. Peters will hold a public hearing at 6:30 p.m. on Wednesday, November 7, 2018 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Drive and Grand Teton Drive. All interested citizens will have the opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the City before the meeting by calling or writing to the City Administrator at P.O. Box 9, St. Peters, MO, 63376, 477-6600 or 278-2244.

Petition 18-15 Lynda Jean Lake requests an Amended Planned Urban Development (PUD) for the sale of used merchandise on a .58+/- acre parcel. The subject site is located on the west side of Jungermann Road, south of Sutters Mill Road, (700 Jungermann Rd.).

LOCATION MAP

LEGAL DESCRIPTION

A legal description of the subject property is on file at the City of St. Peters Planning Department.

Sutters Mill Road

Coa

ch D

rive

North

Jung

erm

ann

R

oad

Coa

ch C

t.

N.T.S.

Site

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The Planning and Zoning Commission of the City of St. Peters will hold a public hearing at 6:30 p.m. on Wednesday, November 7, 2018 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Drive and Grand Teton Drive. The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance the rezoning as described below or an alternate zoning category. All interested citizens will have the opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the City before the meeting by calling or writing to the City Administrator at P.O. Box 9, St. Peters, MO, 63376, 477-6600 or 278-2244.

Petition 18-16 Chris Huddleston requests a change of zoning from the I-1 Light Industrial District to the I-2 Heavy Industrial District for a .6 acre property. The subject site is located on the west side of Harvestowne Industrial Drive, south of South St. Peters Parkway- 1339 Harvestowne Industrial Drive.

LOCATION MAP

A detailed legal description of this property is available at St. Peters City Hall, One St. Peters Centre Boulevard.

North

Har

vest

owne

Ind.

Dr.

N.T.S.

Towne Court

Site

South St. Peters Parkway

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The Planning and Zoning Commission of the City of St. Peters will hold a public hearing at 6:30 p.m. on Wednesday, November 7 2018 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Drive and Grand Teton Drive. The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance the special use permit below. All interested citizens will have the opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the City before the meeting by calling or writing to the City Administrator at P.O. Box 9, St. Peters, MO, 63376, 477-6600 or 278-2244.

Petition 18-17 Chris Huddleston requests a special use permit for the sale of used vehicles on a .6 acre +/- acre tract in the I-2 Heavy Industrial District. The subject site is located on the west side of Harvestowne Industrial Drive, south of South St. Peters Parkway- 1339 Harvestowne Industrial Drive.

LOCATION MAP

A detailed legal description of this property is available at St. Peters City Hall, One St. Peters Centre Boulevard.

North

Har

vest

owne

Ind.

Dr.

N.T.S.

Towne Court

Site

South St. Peters Parkway

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The Planning and Zoning Commission of the City of St. Peters will hold a public hearing at 6:30 p.m. on Wednesday, November 7, 2018 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Drive and Grand Teton Drive. The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance the special use permit below. All interested citizens will have the opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the City before the meeting by calling or writing to the City Administrator at P.O. Box 9, St. Peters, MO, 63376, 477-6600 or 278-2244.

Petition 18-18 Healthy Body Day Spa LLC requests a special use permit for therapeutic massage on a .66 acre +/- acre tract in the C-3 General Commercial District. The subject site is located on the north side of North St. Peters Parkway, west of Woodstream Drive – 4135-4139 North St. Peters Parkway.

LOCATION MAP

LEGAL DESCRIPTION A legal description of the subject property is on file with the City of St. Peters Planning Dept.

Hwy 364/94

North N.T.S

Woo

dstre

am D

r.

SITE

N. St. Peters Parkway

BILL NO. 18-162 I-01 ORDINANCE NO.___________

AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF ST. PETERS, TITLE IV: LAND USE PERTAINING TO ZONING PROPERTY WITHIN SAID CITY IN RESPONSE TO REZONING PETITION NUMBER 18-16 – CHRIS HUDDLESTON, BY MAKING CERTAIN CHANGES IN THE DESIGNATED DISTRICTS IN CERTAIN SECTIONS OF SAID CITY

WHEREAS, by Petition Number 18-16 to the Board of Aldermen, a certain change was requested in the Zoning Law of the City; and WHEREAS, the Board of Aldermen of the City of St. Peters, Missouri, did refer this Petition to the City's Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission did hold a Public Hearing on this proposed change; and WHEREAS, at this Public Hearing persons in interest and citizens were given an opportunity to be heard on this proposed change; and WHEREAS, said Planning and Zoning Commission did consider this Petition and did recommend approval of this item to the Board of Aldermen. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That certain sections of the Municipal Code of the City of St. Peters, Missouri, Title IV: Land Use be amended by making the following changes in the Zoning District Map, which map is on file in the Office of the City Clerk, to rezone to I-2 Heavy Industrial District for a 0.60 +/- acre parcel from I-1 Light Industrial District, more particularly described as follows:

LAND DESCRIPTION

HARVESTOWNE #1 LOT 10

SECTION 2. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

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SECTION 3. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify,

supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 4. Severability Clause

If any term, condition, or provision of this Ordinance shall, to any extent, be held to be

invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

SECTION 5. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 15th day of November, 2018.

Len Pagano, As Presiding Officer and as Mayor

Attest: Patricia E. Smith, City Clerk

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BILL NO. 18-163 I-02

ORDINANCE NO.

AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE I-2 HEAVY INDUSTRIAL DISTRICT TO PERMIT THE SALE OF USED VEHICLES, IN RESPONSE TO PETITION 18-17 (CHRIS HUDDLESTON) AND ADOPTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT THERETO

WHEREAS, by Petition to the Board of Aldermen, a special use permit was

requested in the I-2 Heavy Industrial District to permit the sale of used vehicles; and WHEREAS, the Board of Aldermen of the City of St. Peters, Missouri, did refer

this Petition to the City’s Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission did hold a Public Hearing on

this proposed special use; and

WHEREAS, the said Planning and Zoning Commission of the City did consider this Petition and did recommend approval of this petition to the Board of Aldermen; and

WHEREAS, at the Public Hearing persons in interest and citizens were given an opportunity to be heard on this proposed special use.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN

OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

SECTION 1. The Board of Aldermen of the City of St. Peters, Missouri, does hereby approve the Special Use Permit, attached herewith and marked as Exhibit “A”, for Chris Huddleston, to permit the sale of used vehicles:

LEGAL DESCRIPTION

Lot 10 of Harvestowne Plat One Book 17, Page 46 at the St. Charles County Recorder’s

Office.

SECTION 2. The Board of Aldermen of the City of St. Peters, Missouri, does

hereby authorize the requested special use by Chris Huddleston, in the I-2 Heavy Industrial District to permit the sale of used vehicles at the subject site.

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SECTION 3. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter,

modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein.

SECTION 4. Severability Clause

If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

SECTION 5. This Ordinance shall take effect and be in force from and after its passage by the Board of Aldermen and its approval by the Mayor of the City of St. Peters, Missouri. Read two times, passed, and approved this 15th day of November, 2018.

Len Pagano, As Presiding Officer and as Mayor Attest:

Patricia E. Smith, City Clerk

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Exhibit “A”

BEFORE THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI

) ) )

In re: Application for Special Use ) Permit -- ) ) Application No. 18-17 Chris Huddleston ) Applicant )

) ) )

FINDINGS OF FACT AND CONCLUSIONS OF LAW

INTRODUCTION

On October 10, 2018, pursuant to the requirements of Section 405.780 of the Code of the City of St. Peters, Missouri (the “City Code”), Chris Huddleston (the “Applicant”), submitted to the City of St. Peters, Missouri (the “City”), Application No. 18-17 for a Special Use Permit requesting a permit to use certain property within the I-2 Heavy Industrial District for the sale, barter, exchange or rental of new or used motor vehicles, tractors, semitrailers, trailers, snowmobiles or all-terrain vehicles, including trailer dealers (the “Application”), which property is located at and is more particularly described in the legal description attached hereto as Exhibit A (the “Property”). Specifically, the Applicant requested the following use:

“Auto sales in small volume, approximately 4-10 cars”

Pursuant to the Application and the requirements of the Section 405.780.C.4 of the City Code, a hearing was conducted before the Board of Aldermen on November 15, 2018, a copy of the video recording of which is available in the office of the City Clerk and is incorporated by reference herein (the “Hearing”). At such Hearing all persons-in-interest and other citizens were given an opportunity to be heard regarding the proposed Special Use Permit.

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The Board of Aldermen makes its findings based upon the following: A. The Application submitted by the Applicant on October 10, 2018, a copy of which is

attached hereto as Exhibit E and incorporated by reference herein; B. The sworn testimony of ____________ provided at the Hearing; C. The Site Plan, a copy of which is attached hereto as Exhibit B and incorporated by

reference herein; D. The City Code, a copy of which is on file in the office of the City Clerk, and

incorporated as though fully set forth herein; E. The City’s Comprehensive Plan, a copy of which is available in the office of the City

Clerk and incorporated by reference herein; F. The Zoning Map of the City, a copy of which is available in the office of the City

Clerk and incorporated by reference herein; G. The Report of the Director of Planning, Community and Economic Development, a

copy of which is attached hereto as Exhibit C and incorporated by reference herein; and

H. The Recommendation of the Planning and Zoning Commission, a copy of which is

attached hereto as Exhibit D and incorporated by reference herein. FINDINGS OF FACT A. The Property is owned by the Larry J. Smith and Katherine M. Smith Indenture of Trust

(the “Owner”).

B. The Property is located in the “I-2” Heavy Industrial District.

C. Section 405.240(D)(24) of the City Code provides that Special Uses within the “I-2” Heavy Industrial District includes “Sale, barter, exchange or rental of new or used motor vehicles, tractors, semitrailers, trailers, snowmobiles or all-terrain vehicles, including trailer dealers.”

D. Section 405.100 of the City Code defines “Used Motor Vehicle Dealer” to mean “Any

motor vehicle dealer who is not a new motor vehicle franchise dealer.” CONCLUSIONS OF LAW At a public meeting held on November 15, 2018, the Board of Aldermen of the City of St. Peters, Missouri, reviewed and discussed the Application, the sworn testimony and the additional information presented by all interested parties. Following discussion of the

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foregoing, and after each Board member had been provided the opportunity to express their respective thoughts concerning the Application, a motion was made to approve the Application, with details of the motion, seconding of the motion, and vote of the Board members set forth in the approved minutes of the Board of Aldermen from the meeting. The vote of the Board was ______ (__) in the affirmative, ______ (__) in the negative, and _____ (__) member(s) absent. The motion passed and the Application was approved. Pursuant to the foregoing vote, the Board of Aldermen makes the following conclusions of law: A. The proposed Special Use complies with all applicable provisions of the City Code,

including intensity of use regulations, setback regulations and use limitations. B. The proposed Special Use of the Property will contribute to and promote the general,

welfare, health, safety and convenience of the public. C. The location and size of the Special Use, the nature and intensity of the operation

involved in or conducted in connection with it, and the location of the Property with respect to streets giving access to it are such that the Special Use will not adversely affect the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations.

D. Off-street parking and loading areas will be provided in accordance with the standards

set forth in the City Code. E. Adequate utility, drainage and other such necessary facilities have been or will be

provided on the Property. F. Adequate access roads, entrances and exit drives are being provided and are so

designed to prevent traffic hazards and to minimize traffic congestion on public streets and alleys.

Based on all of the circumstances, including the Application and the evidence presented

to the Board of Aldermen, the Special Use Permit requested pursuant to the Application shall be, and hereby is GRANTED subject to the following terms and conditions: A. Uses:

This Special Use Permit shall authorize the use of the Property for the sale, barter, exchange or rental of new or used motor vehicles, tractors, semitrailers, trailers, snowmobiles or all-terrain vehicles, including trailer dealers. Any modifications to the Site Plan shall be subject to prior approval by the Planning and Zoning Commission, with minor modifications to be approved by the City's Planning Department. B. General Requirements:

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1. A maximum of twelve (12) motor vehicles shall be stored on site in conjunction with the

used motor vehicles sales.

2. All vehicles stored on site as part of the used motor vehicle sales operation shall be stored inside or shall be capable of being driven under its own motor power.

3. The development of the Property shall be as substantially shown on Exhibit B. Any minor modifications to the Site Plan shall be as approved by the Planning Department. Any substantive changes to the approved Site Plan shall first be approved by the Planning and Zoning Commission.

C. If any provision of the permit shall to any extent be invalid or unenforceable, the remainder

of the permit shall not be affected thereby, and each such provision of the permit shall be valid and enforceable to the fullest extent permitted by law.

D. The Special Use Permit shall only be valid for a period of one (1) year from the date of its

approval by the Board of Alderman, unless within such period: 1. a building permit is obtained for and the herein permitted use of the Property is

commenced; or

2. the Board of Aldermen, upon written request of the Applicant, grants an extension not exceeding one hundred eighty (180) days, without notice of hearing.

E. The terms and conditions herein set forth shall be deemed to be covenants running with the Property.

F. The Owner, Applicant, and their successors in interest, shall comply with all other requirements of the City's Zoning and Subdivision Regulations, including but not limited to parking and signage requirements, and any other city, state, or federal regulations that are applicable unless otherwise stated herein.

IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day of

, 2018.

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CITY OF ST. PETERS, MISSOURI SEAL

By Len Pagano, Mayor


STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of , 2018, before me appeared LEN PAGANO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the CITY OF ST. PETERS, MISSOURI, a municipal corporation, that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed in behalf of said City, by authority of its Board of Aldermen; and, said LEN PAGANO acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year first above written. ____________________________________ Notary Public My Commission Expires:

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APPLICANT: Chris Huddleston

Chris Huddleston STATE OF ___________________ ) ) SS COUNTY OF )

On this ____day of _____________, 2018, before me, __________________, a Notary Public in and for said state, personally appeared Chris Huddleston, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes therein stated.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State the day and year first above written.

_________________________________ Notary Public My Commission Expires:

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OWNER: LARRY J. SMITH AND KATHERINE M. SMITH, TRUSTEES OF THE INDENTURE OF TRUST OF LARRY J. SMITH AND KATHERINE M. SMITH DATED APRIL 27, 1999

By: Larry J. Smith, Trustee

STATE OF ___________________ ) ) SS COUNTY OF ) On this ___ day of _____________, 2018, before me, ___________________________, a Notary Public in and for said state, personally appeared Larry J. Smith, Trustee of The Indenture of Trust of Larry J. Smith and Katherine M. Smith Dated April 27, 1999 (the “Trust”), known to me to be the person who executed the foregoing instrument in behalf of the Trust, and acknowledged to me that he executed the same for the purposes therein stated.


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OWNER:

LARRY J. SMITH AND KATHERINE M. SMITH, TRUSTEES OF THE INDENTURE OF TRUST OF LARRY J. SMITH AND KATHERINE M. SMITH DATED APRIL 27, 1999

By: Katherine M. Smith, Trustee

STATE OF ___________________ ) ) SS COUNTY OF ) On this ___ day of _____________, 2018, before me, ___________________________, a Notary Public in and for said state, personally appeared Katherine M. Smith, Trustee of The Indenture of Trust of Larry J. Smith and Katherine M. Smith Dated April 27, 1999 (the “Trust”), known to me to be the person who executed the foregoing instrument in behalf of the Trust, and acknowledged to me that she executed the same for the purposes therein stated.


__________________________________ Notary Public My Commission Expires:

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A-1

EXHIBIT A

Property Description

Lot 10 of Harvestowne Plat One Book 17, Page 46 at the St. Charles County Recorder’s Office.

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B-1

EXHIBIT B

Site Plan

EINDUST

1339

1401

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C-1

EXHIBIT C

Report of the Director of Planning, Community and Economic Development

Staff Evaluation: The subject site is located on the west side of Harvestowne Industrial Drive, south of Highway 364. The area is currently developed with a small industrial building that includes a paved parking lot. A portion of the lot is unpaved and includes grass and trees. Two additional tenants are located in the building, which is served by one curb cut. The vehicle sales will be in tandem with vehicle repair which is a permitted use within the I-2 Industrial District. Both uses will be within an existing building that has been at this location for some time. The modifications to the site may include minor clean-up and improvements to the building exterior and the designation of parking areas. The interior will be modified to accommodate the auto repair business. The surrounding land uses include industrially zoned sites to the east, west, and south, all part of Harvestowne Industrial Park. To the north are commercial uses in the C-3 General Commercial District fronting South St. Peters Parkway and Route 364. The site area is served by Route 364 and South St. Peters Parkway – both roads have been designed to carry heavy traffic levels. The site entrance will be from Harvestowne Industrial Drive which is designed to serve industrial and commercial users. Staff is of the opinion the accessory used auto sales can operate without detriment to the area. The business will be located within an industrial park near a highway; the location has easy access. The site layout allows an area for vehicle parking and the special use includes a requirement that all vehicles for sale that are outside be in drivable condition. Staff notes that the applicant has indicated that many of the vehicles will be specialized, high-end cars which are likely to be kept in a secure location. Staff notes that the proposed special use permit for the used car sales includes conditions typical for accessory vehicle sales in St. Peters. This includes a limit on the number of vehicles and requirements that vehicles be in working condition if stored outside. Staff is of the opinion that the site would be an appropriate location for the limited used car sales as proposed. The use can operate without impacting the adjacent industrial uses and there is ample area for vehicle storage. Per the City of St. Peters Zoning Code, the review of any proposed special use must include consideration of certain standards; these are addressed below:

a. Character of the surrounding area: The area surrounding the property is largely zoned industrial with some commercial zoning along South St. Peters Parkway. The area

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C-2

includes predominantly industrial uses. The addition of a small used car operation will not negatively impact the area.

b. Traffic conditions in the surrounding area: The site will be served by Harvestowne

Industrial Drive that can adequately serve the industrial uses in the park. The proposed use would not cause a detriment to the traffic conditions in the area.

c. Public Utility facilities: The site is currently served with all utilities. Utility services

are readily available in this area.

d. The Comprehensive Plan: The City’s Comprehensive Plan, as amended in 2008, indicates the site area is planned for industrial and commercial uses. The proposed auto repair facility and accessory used auto sales would be consistent with the plan. Also, the plan indicates the general goal of supporting new development within the City.

e. Other matters pertaining to general welfare: Used car sales on this property will be

compatible with the surrounding area. The proposed use should have no negative impact to the general welfare of the community.

Staff Recommendation Noting the above review, staff recommends approval of Petition 18-17 subject to the requirements of the attached Special Use Permit.

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EXHIBIT D

Planning and Zoning Commission Recommendation

Petition 18-17 – Chris Huddleston: A request for a special use permit for the sale of used vehicles on a .6 acre +/- acre tract in the I-2 Heavy Industrial District. The subject site is located on the west side of Harvestowne Industrial Drive, south of South St. Peters Parkway- 1339 Harvestowne Industrial Drive. (Ward 4)

Mr. Chris Huddleston presented this to the Commission for approval. Mr. Huddleston explained that he would like to sell a small number of vehicles in tandem with vehicle repair which is a permitted use within the I-2 Industrial District. Both uses will be within an existing building that has been at this location for some time. The modifications to the site may include minor clean-up and improvements to the building exterior and the designation of parking areas. The interior will be modified to accommodate the auto repair business. The site entrance will be from Harvestowne Industrial Drive which is designed to serve industrial and commercial users. Mr. Huddleston noted that many of the vehicles will be specialized, high-end cars which are likely to be kept in a secure location. Chairman McNames opened the public hearing at 7:10 p.m. and asked anyone wishing to speak on this petition to please come forward. Seeing no one present to comment, Chairman McNames closed the public hearing at 7:10 p.m. Mr. Kelley made a motion and Ms. Shetterly seconded to adopt staff’s Findings of Fact as the Commission’s Findings of Fact. The motion carried unanimously. Mr. Westhoff made a motion and Ms. O’Mara seconded to recommend approval of this special use permit to the Board of Aldermen. The motion carried unanimously.

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E-1

EXHIBIT E

Application

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BILL NO. 18-164 I-03

ORDINANCE NO.

AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE C-3 GENERAL COMMERCIAL DISTRICT TO PERMIT THERAPEUTIC MASSAGE, IN RESPONSE TO PETITION 18-18 (HEALTHY BODY DAY SPA, LLC) AND ADOPTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT THERETO

WHEREAS, by Petition to the Board of Aldermen, a special use permit was

requested in the C-3 General Commercial District to permit therapeutic massage; and WHEREAS, the Board of Aldermen of the City of St. Peters, Missouri, did refer

this Petition to the City’s Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission did hold a Public Hearing on

this proposed special use; and

WHEREAS, the said Planning and Zoning Commission of the City did consider this Petition and did recommend approval of this petition to the Board of Aldermen; and

WHEREAS, at the Public Hearing persons in interest and citizens were given an opportunity to be heard on this proposed special use.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN

OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

SECTION 1. The Board of Aldermen of the City of St. Peters, Missouri, does hereby approve the Special Use Permit, attached herewith and marked as Exhibit “A”, for Healthy Body Day Spa, LLC, to permit therapeutic massage:

LEGAL DESCRIPTION

Lot 1A of St. Charles Dance Center – a Resubdivision of Lot 1 of Charleston Square Plat

Seven as recorded in Book 32 page 115 at the St. Charles County Recorder’s Office.

SECTION 2. The Board of Aldermen of the City of St. Peters, Missouri, does

hereby authorize the requested special use by Healthy Body Day Spa, LLC, in the C-3 General Commercial District to permit therapeutic massage at the subject site.

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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.




Len Pagano, As Presiding Officer and as Mayor Attest:

Patricia E. Smith, City Clerk

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Exhibit “A”

BEFORE THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI

) ) )

In re: Application for Special Use ) Permit -- ) ) Application Number 18-18 Healthy Body Day Spa Limited ) Liability Company ) Applicant ) )

FINDINGS OF FACT AND CONCLUSION OF LAW

INTRODUCTION

On October 10, 2018, pursuant to the requirements of Section 405.780 of the Code of the City of St. Peters, Missouri (the “City Code”), Healthy Body Day Spa Limited Liability Company (the “Applicant”), submitted to the City of St. Peters, Missouri (the “City”), Application Number 18-18 for a Special Use Permit requesting a permit to use certain property within the “C-3” General Commercial District for a therapeutic massage establishment (the “Application”), which property is more particularly described in the legal description attached hereto as Exhibit A (the “Property”). Specifically, the Applicant requested the following use:

“massage therapy, foot massage, and full body massage”

Pursuant to the Application and the requirements of the Section 405.780.C.4 of the City Code, a hearing was conducted before the Board of Aldermen on November 15, 2018, a copy of the video recording of which is available in the office of the City Clerk and is incorporated by reference herein (the “Hearing”). At such Hearing all persons-in-interest and other citizens were given an opportunity to be heard regarding the proposed Special Use Permit.

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The Board of Aldermen makes its findings based upon the following: A. The Application submitted by the applicant on October 10, 2018, a copy of which is

attached hereto as Exhibit F and incorporated by reference herein; B. The sworn testimony of ______________________ provided at the Hearing; C. The Site Plan, a copy of which is attached hereto as Exhibit B and incorporated by

reference herein; D. The Architectural Design, a copy of which is attached hereto as Exhibit C and

incorporated by reference herein; E. The City Code, a copy of which is on file in the office of the City Clerk, and

incorporated as though fully set forth herein; F. The City’s Comprehensive Plan, a copy of which is available in the office of the City

Clerk and incorporated by reference herein; G. The Zoning Map of the City, a copy of which is available in the office of the City

Clerk and incorporated by reference herein; H. The Report of the Director of Planning, Community and Economic Development, a

copy of which is attached hereto as Exhibit D and incorporated by reference herein; and

I. The Recommendation of the Planning and Zoning Commission, a copy of which is

attached hereto as Exhibit E and incorporated by reference herein. FINDINGS OF FACT A. The Property is owned by Bradley McGhee and Moira McGhee (collectively, the

“Owner”).

B. The Applicant is under contract to purchase the Property.

C. The Property is located in the “C-3” General Commercial District.

D. Section 405.210 (D)(6) of the City Code provides that Special Uses within the “C-3” General Commercial District include “therapeutic massage establishments”.

CONCLUSIONS OF LAW At a public meeting held on November 15, 2018, the Board of Aldermen of the City of St. Peters, Missouri, reviewed and discussed the Application, the sworn testimony and the additional information presented by all interested parties. Following discussion of the

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foregoing, and after each member of the Board of Aldermen had been provided the opportunity to express their respective thoughts concerning the Application, a motion was made to approve the Application, with details of the motion, seconding of the motion, and vote of the Aldermen set forth in the approved minutes of the Board of Aldermen from the meeting. The vote of the Board of Aldermen was ______ (__) in the affirmative, ______ (__) in the negative, and _____ (__) member(s) absent. The motion passed and the Application was approved. Pursuant to the foregoing vote, the Board of Aldermen makes the following conclusions of law: A. The proposed Special Use complies with all applicable provisions of the City Code,

including intensity of use regulations, setback regulations and use limitations. B. The proposed Special Use of the Property will contribute to and promote the general,

welfare, health, safety and convenience of the public. C. The location and size of the Special Use, the nature and intensity of the operation

involved in or conducted in connection with it, and the location of the Property with respect to streets giving access to it are such that the Special Use will not adversely affect the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations.

D. Off-street parking and loading areas will be provided in accordance with the standards

set forth in the City Code. E. Adequate utility, drainage and other such necessary facilities have been or will be

provided on the Property. F. Adequate access roads, entrances and exit drives are being provided and are so

designed to prevent traffic hazards and to minimize traffic congestion on public streets and alleys.

Based on all of the circumstances, including the Application and the evidence

presented to the Board of Aldermen, the Special Use Permit requested pursuant to the Application shall be, and hereby is GRANTED subject to the following terms and conditions: A. Uses:

This Special Use Permit shall authorize the use of the Property for a therapeutic massage establishment.

General Requirements: 1. The Applicant, Owner, and any future owner of the Property, may use the Premises

for a therapeutic massage establishment, in addition to all permitted uses in the “C-3” General Commercial District.

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2. The Applicant may operate a therapeutic massage establishment on the Property in a manner consistent with generally accepted industry standards and practices for the operation of a therapeutic massage establishment, and in compliance with all local and State regulations related to therapeutic massage.

3. The configuration of the Property shall be as substantially shown on the Site Plan

attached hereto as Exhibit B. Any minor modifications to the Property from that shown on the Site Plan shall be as approved by the Planning Department. Any substantive changes to the approved Site Plan shall first be approved by the Planning and Zoning Commission.

4. The design of the existing building on the Property shall be as substantially shown on the Architectural Design attached hereto as Exhibit C. Any minor modifications to the building shall be as approved by the Planning Department. Any substantive changes to the approved building shall first be approved by the Planning and Zoning Commission.

B. If any provision of this Special Use Permit shall to any extent be invalid or unenforceable,

the remainder of the Special Use Permit shall not be affected thereby, and each such provision of the permit shall be valid and enforceable to the fullest extent permitted by law.

C. The Special Use Permit shall only be valid for a period of one (1) year from the date of its

approval by the Board of Alderman, unless within such period: a. a building permit is obtained and the herein permitted use of the Property is

commenced; or

b. the Board of Aldermen, upon written request of the Applicant, grants an extension not exceeding one hundred eighty (180) days, without notice of hearing.

D. The terms and conditions herein set forth shall be deemed to be covenants running with the Property.

E. The Owner and Applicant, and their successors in interest, shall comply with all other requirements of the City’s Zoning and Subdivision Regulations, including but not limited to parking and signage requirements, and any other city, state, or federal regulations that are applicable unless otherwise stated herein.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day of , 2018.

CITY OF ST. PETERS, MISSOURI

SEAL

By Len Pagano, Mayor


STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES ) On this day of , 2018, before me appeared LEN PAGANO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the CITY OF ST. PETERS, MISSOURI, a municipal corporation, that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed in behalf of said City, by authority of its Board of Aldermen; and, said LEN PAGANO acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year first above written. ____________________________________ Notary Public My Commission Expires:

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APPLICANT Healthy Body Day Spa Limited Liability Company

By: Randy F. Hudson, Member STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES )

On this ____ day of ______________ 2018, before me personally appeared RANDY F. HUDSON, to me personally known, who, being by me duly sworn, did say that he is a Member of Healthy Body Day Spa Limited Liability Company, a Missouri limited liability company, and that said instrument was signed on behalf of said limited liability company; and said RANDY F. HUDSON acknowledged said instrument to be the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State the day and year first above written. _________________________________ Notary Public My Commission Expires:

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OWNER Bradley McGhee

By: Bradley McGhee STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES )

On this ___day of _____________, 2018, before me, _______________________, a Notary Public in and for said state, personally appeared BRADLEY MCGHEE, known to me to be the person who executed the foregoing instrument, and acknowledged to me that he executed the same for the purposes therein stated.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State the day and year first above written. _________________________________ Notary Public My Commission Expires

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OWNER Moira McGhee

By: Moira McGhee STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES )

On this ___day of _____________, 2018, before me, _______________________, a Notary Public in and for said state, personally appeared MOIRA MCGHEE, known to me to be the person who executed the foregoing instrument, and acknowledged to me that she executed the same for the purposes therein stated.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State the day and year first above written. _________________________________ Notary Public My Commission Expires

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A-1

EXHIBIT A

Legal Description

Lot 1A of St. Charles Dance Center – a resubdivision of Lot 1 of Charleston Square Plat Seven as recorded in Book 32 page 115 at the St. Charles County Recorder’s Office.

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B-1

EXHIBIT B Site Plan

N. S

4135

4139

4153

4131

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C-1

EXHIBIT C Architectural Design

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D-1

EXHIBIT D

Report of the Director of Planning, Community and Economic Development

Petition 18-18 – Healthy Body Day Spa, LLC: a special use permit in the C-3 General Commercial District on a .66 acre tract to allow a therapeutic massage establishment. The subject site is on the north side of

Staff Evaluation: The proposed business will be located within an existing building on North St. Peters Parkway. The property is zoned C-3 General Commercial District. The applicant is requesting a special use permit to allow a therapeutic massage establishment. The proposed name of the business is Healthy Body Day Spa. The property is approximately .66 acres in size and contains a 3,000 +/- square foot two-tenant building. The facility will provide therapeutic massages and foot massage to individual clients. The facility will comply with all state and City licenses related to therapeutic massage. To date, City staff has never had any concerns or issues associated with a therapeutic massage business. The building includes two spaces – one for the proposed massage business and another for a separate user. Access is from a curb cut to North St. Peters Parkway. Staff notes the site is one of multiple commercial buildings along this part of North St. Peters Parkway/Highway 364. Staff also notes the site fronts on the outer road of Highway 364, a highly traveled roadway through the City. Noting the commercial nature of the area and the vehicular traffic, staff is of the opinion the continued use of the site as commercial is appropriate; the therapeutic massage use will be consistent with the development pattern. Noting the above, staff is of the opinion this use would be appropriate at the proposed location. The proposed use would provide an additional choice for massage services and generate new economic activity for the newly renovated shopping center. Per the City of St. Peters Zoning Code, the review of any proposed special use must include consideration of certain standards; these are addressed below:

a. Conformity with the City Code: The proposed therapeutic massage establishment, with the requirements as contained in the special use permit, is in keeping with the C-3 General Commercial District and requirements of the City Code.

b. General welfare: The surrounding area includes high intensity commercial uses and office uses, and the site is along North St. Peters Parkway/Highway 364, a major arterial roadway. The proposed use will be complementary to existing uses in the area and, therefore, will not have a negative impact on the area.

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c. Neighborhood impact: The proposed therapeutic massage establishment will be located within an existing commercial building along a commercial corridor; the use will have a negligible impact on the surrounding area.

d. Parking: Adequate parking is available on the subject site and in the general vicinity of the site.

e. Utilities: The site is served by all necessary utilities.

f. Traffic conditions: The site is served by North St. Peters Parkway. Traffic to and from the site will be via an existing curb cut, which is similar to many other surrounding businesses. There will be no negative impact on the surrounding area due to traffic.

g. Conditions: Specific conditions have been recommended to ensure the use is operated in a manner compatible to the neighborhood.

h. Time limits: A time limit is not deemed necessary for the proposed therapeutic massage establishment.

Staff Recommendation: Noting the above review, staff recommends approval of Petition 18-18 subject to the requirements of the attached Special Use Permit.

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E-1

EXHIBIT E

Recommendation of Planning and Zoning Commission

Petition 18-18 – Healthy Body Day Spa LLC: A request for a special use permit for therapeutic massage on a .66 acre +/- acre tract in the C-3 General Commercial District. The subject site is located on the north side of North St. Peters Parkway, west of Woodstream Drive – 4135-4139 North St. Peters Parkway. (Ward 4)

Mr. Randy Hudson presented this to the Commission for approval. Mr. Hudson explained that the proposed massage therapy business will be located within an existing building on North St. Peters Parkway. The proposed name of the business is Healthy Body Day Spa. The property contains a 3,000 +/- square foot two-tenant building. The facility will provide therapeutic massages and foot massage to individual clients. The facility will comply with all state and City licenses related to therapeutic massage. The building includes two spaces – one for the proposed massage business and another for a separate user. Mr. Hudson noted that they receive approximately 50 clients per week and their hours of operation will be Monday through Sunday 10:00 a.m. to 9:00 p.m. Chairman McNames opened the public hearing at 7:15 p.m. and asked anyone wishing to speak on this petition to please come forward. Seeing no one present to comment, Chairman McNames closed the public hearing at 7:15 p.m. Mr. Snarzyk made a motion and Ms. O’Mara seconded to adopt staff’s Findings of Fact as the Commission’s Findings of Fact. The motion carried unanimously. Mr. Westhoff made a motion and Mr. Kelley seconded to recommend approval of this special use permit to the Board of Aldermen. The motion carried unanimously.

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EXHIBIT F Application

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BILL NO. 18-165 I-04

ORDINANCE NO.

AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE AN AMENDMENT TO THE SPENCER CREEK PLANNED URBAN DEVELOPMENT AGREEMENT WITH LYNDA JEAN LAKE FOR DEVELOPMENT OF 700 JUNGERMANN ROAD WHEREAS, Lynda Jean Lake (hereinafter referred to as “Property Owner”) are the

owners of a tract of land containing 0.58 +/- acres which is a development known as 700 Jungermann Road; and

WHEREAS, the property has been designated a Planned Urban Development (PUD)

District as approved by the Board of Aldermen by passage of Ordinance 138; and WHEREAS, all parties believe it to be in their mutual best interests to amend the terms and

conditions as set forth in the Amendment to the Spencer Creek Planned Urban Development Agreement, in substantially the form attached hereto; and

WHEREAS, the Planning and Zoning Commission of the City did recommend approval

of said amendment to the Board of Aldermen NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE

CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri be and is

hereby authorized to execute on behalf of the City of St. Peters, Missouri, an agreement with

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Lynda Jean Lake for development of a tract of land known as 700 Jungermann Road, in substantially the form attached hereto and marked as Exhibit “A”.


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.


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.


Len Pagano, As Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

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Exhibit “A”

AMENDMENT TO SPENCER CREEK PLANNED URBAN DEVELOPMENT AGREEMENT

(Lynda Jean Lake - 700 Jungermann Road)

THIS AMENDMENT TO PLANNED URBAN DEVELOPMENT AGREEMENT (the “Amendment”) is made and entered into as of the ____ day of ______, 2018, by and between the CITY OF ST. PETERS, MISSOURI, a Fourth Class City in the County of St. Charles, Missouri, and a municipal corporation organized and existing under the laws of the State of Missouri (hereinafter referred to as “City”), and Lynda Jean Lake (hereinafter referred to as “Property Owner”).

WITNESSETH:

WHEREAS, the Property Owner is currently the fee simple owner of 700 Jungermann Road containing a 0.58+/- acre tract of land legally described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter referred to as the “Property”); and

WHEREAS, Property Owner is desirous of developing the Property described on Exhibit

A; and

WHEREAS, the City and Property Owner did heretofore enter into a certain Planned Urban Development Agreement dated February 4, 1974, by Ordinance 138 setting forth the Planned Urban Development (PUD) zoning of the Property, as contemplated by the City’s Zoning and Subdivision Regulations established by Title IV. Lands Use, Chapter 405 Zoning and Subdivision Regulations of the St. Peters City Code, along with any amendments thereto (the “Zoning Ordinance”); and

WHEREAS, the Property is currently zoned and designated as a Planned Urban

Development (PUD), and Property Owner is requesting an amendment of the existing PUD and the PUD Agreement with respect to the Property; and

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WHEREAS, a copy of a site plan for the amended development of the Property is attached hereto as Exhibit B and incorporated herein by this reference (“Site Plan”); and

WHEREAS, Property Owner and the City desire to amend said PUD Agreement.

NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. The PUD Agreement is hereby amended to include the following:

The uses permitted on the Property shall include:

a. All “C-1” Neighborhood Commercial District and “C-2” Community Commercial Districts uses.

b. Retail sales of any used goods, wares or merchandise, but excluding used motor vehicles.

2. The retail sales of any used goods, wares or merchandise, shall be subject to the

following:

A. General Requirements:

1. The sale of used merchandise shall be permitted on the Property, except for the following: weapons, guns, ammunition, knives (other than those knives typically used for food consumption which are part of a silverware set), rusty farm implements, automotive parts, and any item which would fall under the definition of junk yard in Section 405.100 of the St. Peters City Code.

2. No outside storage or display of items shall be permitted on the Property.

3. Any items dropped off at the Property for consignment shall be stored inside the Premises.

4. Any person selling items on consignment on the Property shall present

valid identification, including a valid driver’s license, state issued identification card, Passport, or United States military identification. The identification shall be copied and stored at the facility for one year from the date of sale and available for review by the St. Peters Police Department upon request.

5. The configuration of the Property shall be shall be as substantially shown

on Exhibit B. Any minor modifications to the Property shall be as approved by the Planning Department.

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6. The design of the existing building shall be as substantially shown on Exhibit C. Any minor modifications to the building shall be as approved by the Planning Department. Any substantive changes to the approved building shall first be approved by the Planning and Zoning Commission.

3. All other terms, provisions and conditions of the Agreement, except as expressly

modified hereby, shall remain in full force and effect, and the parties hereto do hereby ratify, confirm and re-adopt the terms and provisions of the PUD Agreement as modified by this Amendment, which terms and provisions shall be binding upon the parties hereto and their successors and assigns.

---Remainder of Page Intentionally left blank,

Signature pages to follow---

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IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day and year first above written.

CITY OF ST. PETERS, MISSOURI SEAL

By_______________________________________

Russell W. Batzel, City Administrator

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

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Owner: By_____________________________________ Lynda Jean Lake STATE OF MISSOURI ) ) ss. COUNTY OF ST. CHARLES ) On this _____ day of ___________, 2018, before me, _________________, a Notary Public in and for said state, personally appeared Lynda Jean Lake, known to me to be the person who executed the foregoing instrument and acknowledged to me that she executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public My Commission Expires:

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A-1

Exhibit A

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B-1

EXHIBIT B Site Plan

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C-1

EXHIBIT C

Amended Architectural

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No.

BILL NO. 18-166 I-05

ORDINANCE NO.

AN ORDINANCE REPEALING ORDINANCE NO. 6992 OF THE CITY OF ST. PETERS, MISSOURI, AND ESTABLISHING DATES AND TIMES OF THE REGULAR MEETINGS OF THE BOARD OF ALDERMEN FOR JANUARY, 2019 AND JANUARY, 2020 WHEREAS, the Board of Aldermen desires to repeal Ordinance No. 6992 adopted and

approved the 26th day of July, 2018, and establish dates and times of the Regular Meetings of the Board of Aldermen for January 2019 and January 2020.

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS,

MISSOURI AS FOLLOWS: SECTION NO. 1. Ordinance No. 6992 of the City of St. Peters, Missouri, be and is hereby

repealed in its entirety. SECTION NO. 2. Notwithstanding any provision of the St. Peters City Code to the

contrary, the Board of Aldermen of the City of St. Peters, Missouri, shall hold its regular meetings in January, 2019, on January 17, 2019; and in January, 2020, on January 23, 2020, each at 1020 Grand Teton Drive, St. Peters, Missouri 63376 at 6:30 P.M. local time. Such regular meetings shall be held in lieu of any other regular meetings scheduled for the month of January, 2019 and January, 2020 pursuant to Section 110.060 of the St. Peters City Code.

SECTION NO. 3. Except as set forth in Section No. 2 of this Ordinance, all provisions of

Section 110.060 of the St. Peters City Code shall remain in full force and effect. SECTION NO. 4. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify,


SECTION NO. 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 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.

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No.

SECTION NO. 6. This Ordinance shall take effect and be in force from and after its passage by the Board of Aldermen and its approval by the Mayor of the City of St. Peters, Missouri. Read two times, passed, and approved this 15th day of November, 2018. Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

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BILL NO. 18-167 I-06

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO AN AGREEMENT WITH SCHULTE SUPPLY FOR THE PURCHASE OF RESIDENTIAL AND COMMERCIAL WATER METERS AND MISCELLANEOUS METER COMPONENTS

WHEREAS, the City of St. Peters owns, as a public utility, a water supply and distribution system operated for the general health, safety and welfare of the community; and WHEREAS, in 2006 the City solicited bids for an automated meter reading system, with Neptune being the selected system; and WHEREAS, Neptune meters and electronic heads are required for compatibility with the meter reading software; and WHEREAS, Schulte Supply of St. Peters is the sole source provider of Neptune meters in the state of Missouri; and WHEREAS, it is recommended that the City enter into an agreement with Schulte Supply for the purchase of residential and commercial water meters along with miscellaneous meter components. 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 execute a contract with Schulte Supply in an initial amount of $391,480.10 for residential and commercial water meters and miscellaneous meter components.

SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City of St. Peters. SECTION 3. 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

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No.

expressly set forth herein.

SECTION 4. Severability Clause.


SECTION 5. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 15th day of November, 2018.

Len Pagano, as Presiding Officer and as Mayor Attest:

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BILL NO. 18-168 I-07

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO AN AGREEMENT PROVIDING FOR A PERMANENT UTILITY EASEMENT AGREEMENT AND A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH H2 PROPERTIES, LLC FOR THE PARK STREET SANITARY PUMP STATION AND FORCE MAIN PROJECT

WHEREAS, it is in the best interest of the inhabitants of the City of St. Peters, Missouri, that improvements be made to City utilities; and

WHEREAS, certain said improvements necessitate obtaining a permanent utility easement and a temporary construction easement from H2 Properties, LLC.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

SECTION 1. The City does hereby accept and agrees to a permanent utility easement and a temporary construction easement, and the City Administrator of the City of St. Peters, Missouri, be and is hereby authorized to execute on behalf of the City of St. Peters, Missouri, a Permanent Utility Easement Agreement and a Temporary Construction Easement Agreement, in substantially the forms attached hereto and made a part hereof, with H2 Properties, LLC, a Missouri limited liability company.

SECTION 2. The City Clerk is hereby directed to cause said Permanent Utility

Easement Agreement to be recorded in the office of the St. Charles County, Missouri, Recorder of Deeds.

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.


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

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to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

SECTION 5. This Ordinance shall take effect and be in force from and after its passage by the Board of Aldermen and its approval by the Mayor of the City of St. Peters, Missouri. Read two times, passed and approved this 15th day of November, 2018. Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

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BILL NO. 18-169 I-08 ORDINANCE NO.

AN ORDINANCE PROVIDING FOR THE VACATION OF PORTIONS OF TWO (2) UTILITY EASEMENTS LOCATED WITHIN MID RIVERS TRADE CENTER SUBDIVISION, AS RECORDED IN PLAT BOOK 36 PAGES 55-56 AND A PORTION OF ONE (1) UTILITY EASEMENT LOCATED WITHIN MID RIVERS TRADE CENTER RESUBDIVISION OF LOT 9A PLAT AS RECORDED IN PLAT BOOK 42 PAGES 277-278 IN THE OFFICE OF THE RECORDER OF DEEDS OF ST. CHARLES COUNTY

WHEREAS, certain utility easements have been recorded in Plat Book 36 Pages 55-56 and Plat Book 42 Pages 277-278 in the office of the Recorder of Deeds of St. Charles County; and WHEREAS, the City of St. Peters has not utilized the portion of said easements as shown cross-hatched on Exhibit A, which is attached hereto; and WHEREAS, said portions of said easements are no longer required by the City of St. Peters; and WHEREAS, the City of St. Peters desires to vacate said portions of said certain utility easements. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That portions of easements, as shown cross-hatched on Exhibit “A”, in substantially the forms attached hereto and incorporated by reference herein, granted to the City of St. Peters on the Mid Rivers Trade Center subdivision plat recorded in Plat Book 36 Pages 55-56 and granted to the City of St. Peters on Mid River Trade Center Resubdivision of Lot 9A subdivision plat recorded in Plat Book 42 Pages 277-278 in the office of the Recorder of Deeds of St. Charles County, are no longer necessary and shall be vacated by the City of St. Peters, Missouri.

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SECTION 2. That the Mayor of the City of St. Peters is hereby authorized to sign and execute two (2) Release of Easement Rights, in substantially the forms attached hereto, marked as Exhibit “B” and Exhibit “C”, and incorporated by reference herein. SECTION 3. Savings Clause.

Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 4. Severability Clause.

If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 5. The City Clerk is hereby directed to provide a copy of this Ordinance to the St. Charles County Recorder's Office. SECTION 6. This Ordinance shall take effect and be in force from and after its passage by the Board of Aldermen and its approval by the Mayor of the City of St. Peters, Missouri. Read two times, passed, and approved this 15th day of November, 2018. Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

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BILL NO. 18-170 I-09

ORDINANCE NO.

AN ORDINANCE PROVIDING FOR AND AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT AGREEMENT WITH ST. CHARLES COUNTY, MISSOURI, FOR USE OF SAINT CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS TO IMPROVE TRAFFIC FLOW ON JUNGERMANN ROAD

WHEREAS, the voters of St. Charles County, Missouri passed and adopted, on November 5, 1985 and reaffirmed by the voters on April 5, 1994, August 3, 2004, and August 7, 2012, a Capital Improvements Sales Tax for the purpose of traffic relief, construction, reconstruction and repair of roads and bridges with St. Charles County as provided by state statutes; and WHEREAS, state statute provides that St. Charles County may contract with municipalities to carry out the purposes of the Capital Improvements Sales Tax within its corporate limits; and WHEREAS, the City of St. Peters, Missouri, is desirous of contracting with St. Charles County to carry out the purposes of the Capital Improvements Sales Tax within its corporate limits. 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 execute a contract agreement with St. Charles County, Missouri, in substantially the form attached hereto and incorporated by reference herein and marked as Exhibit “A”, on behalf of the City of St. Peters, which shall provide for the improvement of traffic flow on Jungermann Road from St. Charles County Transportation Sales Tax funds.




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

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to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid, is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 4. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed and approved this 15th day of November, 2018.


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AGREEMENT BY AND BETWEEN ST. CHARLES COUNTY AND CITY OF SAINT PETERS

FOR USE OF ST. CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS TO IMPROVE

TRAFFIC FLOW ON JUNGERMANN ROAD

This agreement is entered into by St. Charles County, Missouri, hereinafter referred to as “County” and

City of Saint Peters, State of Missouri, hereinafter referred to as “Municipality.”

In consideration of the mutual covenants herein contained, and other good and valuable consideration

including the mutual recognition of the vital importance of Jungermann Road Safety Improvements

(the “Project”) for efficient traffic flow and for orderly development, the parties hereto agree as

follows:

SECTION ONE: PREAMBLE

The County Executive has been authorized by Ordinance - to execute this agreement

with the Municipality for the use beginning in fiscal year 2019 of St. Charles County Transportation

Sales Tax funds for improvements to the Project in an amount not to exceed $138,008.90 (“County

Contribution Amount”).

SECTION TWO: SERVICES AND CONTRIBUTION

The Municipality will provide design, right-of-way, and construction services to reconstruct the Project

from approximately Bartley Street to Willott Road. The Project shall be constructed substantially

similar to the improvements outlined in the application submitted to the County and reviewed by the

Road Board. The cost of the Project is estimated as $172,511.13.

The Municipality will be reimbursed by the County for 80% of actual costs, up to a maximum of the

County Contribution Amount. The Municipality will be responsible for the remainder of actual costs

not reimbursed by others including those that exceed the estimate recited above and any decorative

enhancements.

SECTION THREE: PLAN SUBMISSION AND REVIEW

Conceptual Plans (30%)

The Municipality shall submit to the County Roads and Traffic office a Conceptual Plan (30%) for

approval prior to proceeding with Preliminary Plans. The County Roads and Traffic Manager will

provide the Municipality with either written approval for the Municipality to proceed with preliminary

design or comments for the Municipality to consider. The Municipality shall refine the Conceptual

Plan and resubmit. This plan shall include the following:

• Title Sheet;

• Typical Sections;

• Plan and Profiles (shall provide the existing and proposed right-of-way limits, grading limits

and location of existing utilities); and

• Cross Sections.

Exhibit "A"

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Preliminary Plans (70%)

The Municipality shall submit to the County Roads and Traffic office a Preliminary Plan (70%) for

approval prior to proceeding with right-of-way acquisition. The County Roads and Traffic Manager

will provide the Municipality with either written approval or comments for the Municipality to

consider. The Municipality shall refine the Preliminary Plan and resubmit. This plan, in addition to

the sheets outlined above for the Conceptual Plan, shall include the following:

• Storm Sewer Profiles and Culverts;

• Traffic Control;

• Erosion Control;

• Pavement Marking and Signing;

• Retaining Walls;

• Driveway and subdivision street entrances; and

• Construction Details.

Final Plans

The Municipality shall submit to the County Roads and Traffic office a Final Plan for approval prior to

proceeding with construction. The Final Plan shall include a work day study for the construction phase

of the Project. The County Roads and Traffic Manager will provide the Municipality with either (1)

written approval, or (2) comments for the Municipality to consider, in which case the Municipality

shall refine the Final Plan and resubmit. No Transportation Sales Tax funds will be released for

construction until the Final Plan has been approved.

Plan Submission

The Conceptual Plan, Preliminary Plan, and Final Plan shall be submitted as given herein unless

instructed otherwise. A hard copy (11” x 17”, half size) shall be delivered to the St. Charles County

Roads and Traffic office at 201 North Second Street, St. Charles, Missouri, 63301, Room 560. An

electronic copy (pdf format) should be uploaded to ftp://ftp.sccmo.org/ or as otherwise instructed. The

plans should be uploaded as a single file that contains all the plan sheets.

SECTION FOUR: MEETING ATTENDANCE

The Municipality shall have a representative attend the Road Board meetings. This representative

should be knowledgeable of the project status, utility conflicts, and funding. The Municipality shall

complete the project update forms as required for these meetings.

SECTION FIVE: TRAFFIC COUNTS

In an effort to better understand traffic patterns and how these patterns change with road improvements

and development, the County has developed a Travel Demand Model. This model can be used to

evaluate the effectiveness of an improvement towards reducing congestion and enhancing regional

mobility. To ensure the model accurately represents changes within municipal limits, the Municipality

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shall provide traffic count and land use information as requested. A minimum of five (5) count

locations will be requested on an annual basis.

SECTION SIX: RIGHT-OF-WAY

The Municipality shall acquire right-of-way and other property interests needed for this Project in

accordance with applicable law and the current Missouri Department of Transportation’s Local Public

Agency Land Acquisition Manual. For any such property interests located in the unincorporated area

of the County, Municipality shall only acquire such interests in the County’s name, and County hereby

authorizes the Municipality to condemn in the County’s name for this limited purpose. Further, the St.

Charles County Counselor hereby appoints the City Attorney of the Municipality as a Special County

Counselor for the purpose of pursuing any such condemnation action, if necessary. All such property

interests acquired within the unincorporated area shall be vested in the County.

SECTION SEVEN: STAFF TIME

Staff time incurred by the Municipality is not reimbursable from the County and shall not be

considered as part of any required Municipality match.

SECTION EIGHT: TRANSPORTATION SALES TAX SIGN

The Municipality shall include in the construction contract specifications the requirement for the

construction contractor to furnish and erect a sign of the size, lettering, and colors as depicted in

Exhibit A to this agreement at each end of the project construction limits in a visible location. This

sign shall be erected at the beginning of construction and can be removed 30 calendar days after final

construction contract completion.

SECTION NINE: TERM

This agreement shall become effective upon execution by all parties hereto and shall continue through

the end of the County’s fiscal year in which the agreement is executed. This agreement is subject to

appropriation by the County of funds sufficient to fulfill the terms of this agreement.

This agreement shall renew automatically for an indefinite number of one year terms, each beginning

on the first and ending on the last day of the County’s fiscal year, until the scope of services has been

completed unless the agreement is terminated by failure to appropriate funds as provided in this

Section.

The County and Municipality reserve the right to terminate this agreement, if (A) the Municipality

does not provide traffic count data as required in Section 5, or (B) this agreement has been terminated

according to Section 11.

Should the County fail to appropriate any funds in its annual budget ordinance for any of the fiscal

years to which this agreement applies, this agreement will terminate upon notice to the Municipality by

the County that the appropriation was not voted in the annual budget ordinance, which notice shall be

sent, first-class mail, to the Municipality at the address set out at the end of this agreement.

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SECTION TEN: TERMINATION

In the event of a breach of this agreement by either party hereto that is not remedied within thirty (30)

days after delivery of written notice of such breach, the aggrieved party may terminate this agreement

by written notice to the other, which shall be effective on the 5th day following delivery. On

expiration or termination of this agreement, for any cause, each party shall without additional cost to

the other, provide all reasonable assistance and devote its best efforts to returning to each party, or its

designee, in an orderly and expeditious manner, all data, records, equipment and documents belonging

to that party. In the event the County fails to make payment to the Municipality under the terms and

conditions of this agreement, except for reasons outlined in this agreement, the County agrees to pay

all costs incurred by Municipality as a direct result of Municipality being denied County funds for the

Project.

In the event the Municipality fails to provide the administration and/or matching funds agreed to by the

Municipality under the terms and conditions of this Agreement, Municipality agrees to pay all costs

incurred by the County in assuming administration of the Project to its conclusion and/or the project

match to the conclusion of the Project. Municipality hereby represents that it has the authority to agree

to the multi-year project match and administration, subject to annual appropriation. Nothing herein

requires County to agree to the administration of the Project or to assume the match, and Municipality

understands that if County agrees to administer the Project or assume the match, as applicable,

Municipality has contracted through this Agreement to assume those costs as though such cost had

been assessed as liquidated damages.

In the event the Municipality fails to start and complete the Project outlined herein, Municipality shall

pay damages to the County for failing to deliver the public services or improvements contemplated by

this agreement while encumbering public funds and preempting their application to other projects. The

damages shall be ten percent (10%) of the not to exceed amount provided in Section 1. If Municipality

fails to apply for any reimbursements for expenses pursuant to this agreement within a reasonable time

of its execution, County may notify the Municipality that County finds that Municipality is subject to

this provision unless, within 14 days of such notice, Municipality shows cause why it should not be

subject to this provision and provides assurances that it shall proceed with the Project outlined herein.

SECTION ELEVEN: PROJECT SCHEDULE

Timely completion is an essential element of this contract and every effort shall be made to meet the

project schedule provided in this agreement. The County and Municipality will review the project

schedule on a regular basis to ensure the work outlined herein will be completed by December 31,

2020. The County may deduct Seven Hundred Dollars ($700.00) per calendar day from any money

due to the Municipality for work not completed by the date given above. The amount specified above

is not a penalty but liquidated damages for losses to the County and public. The liquidated damages

amount given is from the Missouri Department of Transportation’s Local Public Agency Manual,

dated January 1, 2018.

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SECTION TWELVE: COST OVERRUNS

The Municipality shall not request reimbursement for any work performed beyond the scope of

services specified herein without a contract amendment approved and executed by both parties.

SECTION THIRTEEN: REMUNERATION

Reimbursement by the County pursuant to Section 2 shall be submitted to the County Roads and

Traffic office for review and approval. Each reimbursement request shall include the Roads and

Traffic invoice request form, reimbursement summary, copy of invoices, and proof of payment.

Payments shall not exceed the County’s percentage share identified in Section Two of the amount of

actual expenses incurred by Municipality that have been approved by the County Roads and Traffic

Manager. Payments to be made will be paid at the later of the date of when the costs were incurred or

the year that the funds were scheduled for payment.

SECTION FOURTEEN: NOTICE

Any notice required or permitted to be given hereunder shall be deemed properly given if mailed by

first-class mail to the address set out for each party at the end of this agreement. Notice to the County

shall be sent to the County Roads and Traffic Manager. Notice to the Municipality shall be sent to its

City Administrator.

SECTION FIFTEEN: SUPERVISION AND THE RELATIONSHIP OF THE PARTIES

In the performance of the work herein contemplated, the Municipality is an independent contractor

with the authority to control and direct the performance of the details of the work. The County is

interested in approval, design, and results obtained. The Municipality agrees to comply with all

federal, state and municipal laws, rules and regulations pertaining to the Project that are now or may in

the future become applicable to Municipality.

The parties hereto agree that the Municipality is not an employee of County and is not entitled to the

benefits provided by County or its employees, including, but not limited to, group insurance and

pension plan. The Municipality is an independent entity. The Municipality and County agree that the

County may contract with others to provide the services called for in this agreement in the event that

Municipality breaches its obligations contained in this agreement.

SECTION SIXTEEN: INDEMNIFICATION

To the extent permissible by law, Municipality shall indemnify and hold County harmless from any

and all liability, loss or damage County may suffer as a result of claims, demands, costs or judgments

against it arising out of Municipality's performance of this agreement.

To the extent permissible by law, County shall indemnify and hold Municipality harmless from any

and all liability, loss or damage Municipality may suffer as a result of claims, demands, costs or

judgments against it arising out of County’s performance of this agreement.

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It is understood and agreed that the obligation of County to perform under the terms of this agreement

is expressly conditioned upon the existence of the Transportation Sales Tax also known as the Road

and Bridge Capital Improvements Sales Tax passed by the electorate on November 5, 1985, and

reaffirmed by the voters on April 5, 1994, August 3, 2004, and August 7, 2012.

SECTION SEVENTEEN: AUDIT

The Municipality's records that shall include, but not be limited to, accounting records (hard copy, as

well as computer readable data), written policies and procedures, subcontractor files, indirect cost

records, correspondence, instructions, drawings, receipts, vouchers, memoranda, and any other data

relating to this agreement shall be open to inspection and subject to audit and/or reproduction by the

County Auditor, or a duly authorized representative from the County, at the County's expense. The

Municipality shall preserve all such records for a period of three years, unless permission to destroy

them is granted by the County, or for such longer period as may be required by law, after the final

payment. The Municipality shall require all subcontractors under this agreement to comply with the

provisions of this article by including the requirements listed above in written contracts with the

subcontractors.

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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date last written

below.

Executed by the County this day of , 2018

Executed by the Municipality this day of , 2018

CITY OF SAINT PETERS, MISSOURI ST. CHARLES COUNTY, MISSOURI

By ________________________________ By ________________________________

Title ________________________________ Title ________________________________

ATTEST: ATTEST:

By ________________________________ By ________________________________

County Registrar

Title ________________________________

CERTIFICATE OF DIRECTOR OF FINANCE

I certify that there is a balance otherwise unencumbered to the credit of the appropriation to which this

contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the

fund from which payment is to be made, each sufficient to meet this obligation.

SIGNED:

Bob Schnur, Director of Finance

DATED:

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BILL NO. 18-171 I-10

ORDINANCE NO.

AN ORDINANCE PROVIDING FOR AND AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT AGREEMENT WITH ST. CHARLES COUNTY, MISSOURI, FOR USE OF SAINT CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS TO STUDY ROUTE 370 AT SALT RIVER ROAD

WHEREAS, the voters of St. Charles County, Missouri passed and adopted, on November 5, 1985 and reaffirmed by the voters on April 5, 1994, August 3, 2004, and August 7, 2012, a Capital Improvements Sales Tax for the purpose of traffic relief, construction, reconstruction and repair of roads and bridges with St. Charles County as provided by state statutes; and WHEREAS, state statute provides that St. Charles County may contract with municipalities to carry out the purposes of the Capital Improvements Sales Tax within its corporate limits; and WHEREAS, the City of St. Peters, Missouri, is desirous of contracting with St. Charles County to carry out the purposes of the Capital Improvements Sales Tax within its corporate limits. 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 execute a contract agreement with St. Charles County, Missouri, in substantially the form attached hereto and incorporated by reference herein and marked as Exhibit “A”, on behalf of the City of St. Peters, which shall provide a study of Route 370 at Salt River Road from St. Charles County Transportation Sales Tax funds. SECTION 2. Savings Clause

Nothing contained herein shall in any manner be deemed or construed to alter, modify,



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

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have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid, is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 4. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed and approved this 15th day of November, 2018.


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AGREEMENT BY AND BETWEEN ST. CHARLES COUNTY AND CITY OF SAINT PETERS

FOR USE OF ST. CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS TO STUDY

ROUTE 370 AT SALT RIVER ROAD

This agreement is entered into by St. Charles County, Missouri, hereinafter referred to as “County” and

City of Saint Peters, State of Missouri, hereinafter referred to as “Municipality.”

In consideration of the mutual covenants herein contained, and other good and valuable consideration

including the mutual recognition of the vital importance of Route 370 at Salt River Rd Access

Justification, (the “Project”) for efficient traffic flow and for orderly development, the parties hereto

agree as follows:

SECTION ONE: PREAMBLE

The County Executive has been authorized by Ordinance - to execute this agreement

with the Municipality for the use beginning in fiscal year 2019 of St. Charles County Transportation

Sales Tax funds for improvements to study proposed improvements to Route 370 at Salt River Road

from Spencer Road at Salt River Road to Route 370 and Route 370 from Salt River Road to bridge

over Premier Parkway in an amount not to exceed $320,000, (“County Contribution Amount”).

SECTION TWO: SERVICES AND CONTRIBUTION

The Municipality will provide engineering services to study Route 370 at Salt River Road from

approximately Spencer Road at Salt River Road to Highway 370. The cost of the Project is estimated

as $400,000.

The Municipality will be reimbursed by the County for 80% of actual costs, up to a maximum of the

County Contribution Amount. The Municipality will be responsible for the remainder of actual costs

not reimbursed by others including those that exceed the estimate recited above.

SECTION THREE: FINAL REPORT REVIEW

The Municipality shall submit a Final Report for approval to the County Roads and Traffic as given

herein unless instructed otherwise. A hard copy shall be delivered to the St. Charles County Roads and

Traffic office at 201 North Second Street, St. Charles, Missouri, 63301, Room 560. An electronic

copy (pdf format) should be uploaded to ftp://ftp.sccmo.org/ or as otherwise instructed. The County

Roads and Traffic Manager will provide the Municipality with either (1) written approval, or (2)

comments for the Municipality to consider, in which case the Municipality shall refine the Final Report

and resubmit.

SECTION FOUR: STAFF TIME

Staff time incurred by the Municipality is not reimbursable from the County and shall not be

considered as part of any required Municipality match.

Exhibit "A"

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SECTION FIVE: TRAFFIC COUNTS

In an effort to better understand traffic patterns and how these patterns change with road improvements

and development, the County has developed a Travel Demand Model. This model can be used to

evaluate the effectiveness of an improvement towards reducing congestion and enhancing regional

mobility. To ensure the model accurately represents changes within municipal limits, the Municipality

shall provide traffic count and land use information as requested. A minimum of five (5) count

locations will be requested on an annual basis.

SECTION SIX: TERM

This agreement shall become effective upon execution by all parties hereto and shall continue through

the end of the County’s fiscal year in which the agreement is executed. This agreement is subject to

appropriation by the County of funds sufficient to fulfill the terms of this agreement.

This agreement shall renew automatically for an indefinite number of one year terms, each beginning

on the first and ending on the last day of the County’s fiscal year, until the scope of services has been

completed unless the agreement is terminated by failure to appropriate funds as provided in this

Section.

Should the County fail to appropriate any funds in its annual budget ordinance for any of the fiscal

years to which this agreement applies, this agreement will terminate upon notice to the Municipality by

the County that the appropriation was not voted in the annual budget ordinance, which notice shall be

sent, first-class mail, to the Municipality at the address set out at the end of this agreement.

SECTION SEVEN: TERMINATION

In the event of a breach of this agreement by either party hereto that is not remedied within thirty (30)

days after delivery of written notice of such breach, the aggrieved party may terminate this agreement

by written notice to the other, which shall be effective on the 5th day following delivery. On

expiration or termination of this agreement, for any cause, each party shall without additional cost to

the other, provide all reasonable assistance and devote its best efforts to returning to each party, or its

designee, in an orderly and expeditious manner, all data, records, equipment and documents belonging

to that party. In the event the County fails to make payment to the Municipality under the terms and

conditions of this agreement, except for reasons outlined in this agreement, the County agrees to pay

all costs incurred by Municipality as a direct result of Municipality being denied County funds for the

Project.

In the event the Municipality fails to provide the administration and/or matching funds agreed to by the

Municipality under the terms and conditions of this Agreement, Municipality agrees to pay all costs

incurred by the County in assuming administration of the Project to its conclusion and/or the project

match to the conclusion of the Project. Municipality hereby represents that it has the authority to agree

to the multi-year project match and administration, subject to annual appropriation. Nothing herein

requires County to agree to the administration of the Project or to assume the match, and Municipality

understands that if County agrees to administer the Project or assume the match, as applicable,

Municipality has contracted through this Agreement to assume those costs as though such cost had

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been assessed as liquidated damages.

In the event the Municipality fails to start and complete the Project outlined herein, Municipality shall

pay damages to the County for failing to deliver the public services or improvements contemplated by

this agreement while encumbering public funds and preempting their application to other projects. The

damages shall be ten percent (10%) of the not to exceed amount provided in Section 1. If Municipality

fails to apply for any reimbursements for expenses pursuant to this agreement within a reasonable time

of its execution, County may notify the Municipality that County finds that Municipality is subject to

this provision unless, within 14 days of such notice, Municipality shows cause why it should not be

subject to this provision and provides assurances that it shall proceed with the Project outlined herein.

SECTION EIGHT: PROJECT SCHEDULE

Timely completion is an essential element of this contract and every effort shall be made to meet the

project schedule provided in this agreement. The County and Municipality will review the project

schedule on a regular basis to ensure the work outlined herein will be completed by December 31,

2019.

SECTION NINE: COST OVERRUNS

The Municipality shall not request reimbursement for any work performed beyond the scope of

services specified herein without a contract amendment approved and executed by both parties.

SECTION TEN: REMUNERATION

Reimbursement by the County pursuant to Section 2 shall be submitted to the County Roads and

Traffic office for review and approval. Each reimbursement request shall include the Roads and

Traffic invoice request form, reimbursement summary, copy of invoices, and proof of payment.

Payments shall not exceed the County’s percentage share identified in Section Two of the amount of

actual expenses incurred by Municipality that have been approved by the County Roads and Traffic

Manager. Payments to be made will be paid at the later of the date of when the costs were incurred or

the year that the funds were scheduled for payment.

SECTION ELEVEN: NOTICE

Any notice required or permitted to be given hereunder shall be deemed properly given if mailed by

first-class mail to the address set out for each party at the end of this agreement. Notice to the County

shall be sent to the County Roads and Traffic Manager. Notice to the Municipality shall be sent to its

City Administrator.

SECTION TWELVE: SUPERVISION AND THE RELATIONSHIP OF THE PARTIES

In the performance of the work herein contemplated, the Municipality is an independent contractor

with the authority to control and direct the performance of the details of the work. The County is

interested in approval, design, and results obtained. The Municipality agrees to comply with all

federal, state and municipal laws, rules and regulations pertaining to the Project that are now or may in

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the future become applicable to Municipality.

The parties hereto agree that the Municipality is not an employee of County and is not entitled to the

benefits provided by County or its employees, including, but not limited to, group insurance and

pension plan. The Municipality is an independent entity. The Municipality and County agree that the

County may contract with others to provide the services called for in this agreement in the event that

Municipality breaches its obligations contained in this agreement.

SECTION THIRTEEN: INDEMNIFICATION

To the extent permissible by law, Municipality shall indemnify and hold County harmless from any

and all liability, loss or damage County may suffer as a result of claims, demands, costs or judgments

against it arising out of Municipality's performance of this agreement.

To the extent permissible by law, County shall indemnify and hold Municipality harmless from any

and all liability, loss or damage Municipality may suffer as a result of claims, demands, costs or

judgments against it arising out of County’s performance of this agreement.

It is understood and agreed that the obligation of County to perform under the terms of this agreement

is expressly conditioned upon the existence of the Transportation Sales Tax also known as the Road

and Bridge Capital Improvements Sales Tax passed by the electorate on November 5, 1985, and

reaffirmed by the voters on April 5, 1994, August 3, 2004, and August 7, 2012.

SECTION FOURTEEN: AUDIT

The Municipality's records that shall include, but not be limited to, accounting records (hard copy, as

well as computer readable data), written policies and procedures, subcontractor files, indirect cost

records, correspondence, instructions, drawings, receipts, vouchers, memoranda, and any other data

relating to this agreement shall be open to inspection and subject to audit and/or reproduction by the

County Auditor, or a duly authorized representative from the County, at the County's expense. The

Municipality shall preserve all such records for a period of three years, unless permission to destroy

them is granted by the County, or for such longer period as may be required by law, after the final

payment. The Municipality shall require all subcontractors under this agreement to comply with the

provisions of this article by including the requirements listed above in written contracts with the

subcontractors.

[Remainder of page left blank intentionally. Signatures page follows.]

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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date last written

below.

Executed by the County this day of , 2018

Executed by the Municipality this day of , 2018

CITY OF SAINT PETERS, MISSOURI ST. CHARLES COUNTY, MISSOURI

By ________________________________ By ________________________________

Title ________________________________ Title ________________________________

ATTEST: ATTEST:

By ________________________________ By ________________________________

County Registrar

Title ________________________________

CERTIFICATE OF DIRECTOR OF FINANCE

I certify that there is a balance otherwise unencumbered to the credit of the appropriation to which this

contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the

fund from which payment is to be made, each sufficient to meet this obligation.

SIGNED:

Bob Schnur, Director of Finance

DATED:

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This Road Project Paid In Part

Through Your

St. Charles County

½ Cent Transportation Sales Tax

For more information, please visit

www.sccmo.org

Sign Size: Width = 48” Length = 36” Lettering: Upper = 4” Lower = 2.5” White Lettering on Blue Background

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BILL NO. 18-172 I-11

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT PROVIDING FOR A PERMANENT DRAINAGE AND UTILITY EASEMENT FOR CONSTRUCTION OF THE DITCH B IMPROVEMENTS – NORTH OF I-70 PROJECT (ECOLOGY INVESTORS, LLC)

WHEREAS, the City of St. Peters encompasses a land area of approximately 22 square

miles and contains more than 47 miles of waterways, 250 storm water basins, and 166 miles of storm sewer pipe as part of the storm water collection and conveyance system; and

WHEREAS, it is in the best interests of the citizens of the City of St. Peters to complete projects that address storm water control and improve water quality within said City; and WHEREAS, construction of the Ditch B Improvements – North of I-70 Project necessitates obtaining three a permanent drainage and utility easement from Ecology Investors, LLC; and WHEREAS, Ecology Investors, LLC and the City of St. Peters are desirous of entering into an Agreement providing for a permanent drainage and utility easement for the Ditch B Improvements – North of I-70 Project. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to negotiate, execute, and administer, on behalf of said City, an Agreement with Ecology Investors, LLC providing for a permanent drainage and utility easement, by Permanent Drainage and Utility Easement Agreement, in substantially the form attached hereto and made a part hereof, for the Ditch B Improvements – North of I-70 Project.

SECTION 2. The City Clerk is hereby directed to cause said Permanent Drainage and

Utility Easement Agreement to be recorded in the office of the Recorder of Deeds of St. Charles County, Missouri.

SECTION 3. Savings.

Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein.

SECTION 4. Severability. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to

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be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer valid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

SECTION 5. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 15th day of November, 2018. Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

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BILL NO. 18-173 I-12

ORDINANCE NO. _____

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE, EXECUTE AND ADMINISTER A FACILITY USE AND LICENSE AGREEMENT FOR RECYCLING SERVICES WITH MERIDIAN WASTE MISSOURI, LLC WHEREAS, paper, fiber and plastics from the U.S. and the EU have been transported to

China for many years, and China has recently announced that it will no longer accept single stream recyclables as of January 1, 2019, due to contamination in mixed recycled waste; and

WHEREAS, several communities in the County were recently told by their recycling

processor it will no longer be able to take their curbside recycling as of October 31, 2018, at which time those communities may have to suspend curbside collection of recyclables; and

WHEREAS, St. Peters was notified by the St. Louis-Jefferson Solid Waste Management

District that this has caused a serious, short term disruption in the single stream recycling system; and

WHEREAS, St. Peters owns and operates a recycling and transfer facility, which facility

shall mean for the purposes of this Agreement the permitted area of its Central Materials Processing Facility located at 131 Ecology Drive, St. Peters, Missouri, subject to Permit No. MOR80H175 (the “Transfer Station”); and such other areas of St. Peters as may be so permitted from time to time; and WHEREAS, St. Peters and Meridian are desirous of entering into an agreement to protect the public health, safety and welfare by providing Meridian a revocable license to use the tipping floor and trailer loading tunnel of the Transfer Station for the purpose of transferring Recyclables, as hereinafter defined (but not Solid Waste, Hazardous Waste, Special Waste, Toxic Waste, or Yard Waste as hereinafter defined) that Meridian collects, to transfer trailers owned or controlled by Meridian for the purpose of hauling the Recyclables to a permitted recycling processing facility.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE

CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

SECTION NO. 1. Facility Use and License Agreement. A. That the Recitals hereinabove set forth are hereby found, determined and declared

to be and to form an integral part of this Ordinance, which Recitals are incorporated herein by reference.

B. That the form, terms and provisions of the Facility Use and License Agreement (the “Agreement”) attached hereto, marked as Exhibit “A”, and incorporated by reference herein, be and they hereby are, in all respects approved, and that the City Administrator is hereby authorized,

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empowered and directed to further negotiate, execute, acknowledge, deliver and administer on behalf of the City said Agreement in substantially the form attached hereto.

C. 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 Agreement, and to perform all of the terms, provisions and conditions of the Agreement. The execution by the City Administrator of any agreement, document, instrument, check or certificate referred to in this Ordinance and the Agreement shall be conclusive evidence of the approval thereof, and of all of the terms, provisions and conditions contained therein. Any and all acts which the City Administrator has done or may do or perform in conformance with the powers conferred upon him by this Ordinance or taken with respect to the subject matter of the Agreement are hereby expressly authorized, approved, ratified and confirmed.

SECTION NO. 2. Savings. Nothing contained herein shall in any manner be deemed or construed to alter, modify,


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 invalid, 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.

[The remainder of this page is intentionally left blank.]

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Read two times, passed, and approved this 15th day of November, 2018. Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

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A-1

EXHIBIT A

[Attach Agreement]

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pesmith

Typewritten Text

Exhibit "A"

BILL NO. 18-174 I-13

ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT WITH TOTER, A WASTEQUIP COMPANY FOR THE PURCHASE OF CARTS TO BE USED FOR RESIDENTIAL TRASH AND RECYCLING COLLECTION WHEREAS, the City of St. Peters has identified the need for residential carts to accommodate solid waste and recycling collection purposes; and WHEREAS, bids for the carts to be used for yard waste disposal by its residents were received from seven (7) bidders in December 2014; and WHEREAS the lowest qualifying bid for the purchase, assembly and delivery was Toter LLC with a bid of $48.50 per cart; and

WHEREAS Toter, a Wastequip Company as increased the price of each cart by .75¢ to $49.25 per cart due to shipping cost increase; and

WHEREAS Toter, a Wastequip Company has notified us the price of the carts

will increase after the month of November 2018. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to enter into an agreement with Toter, a Wastequip Company for residential 90 gallon carts to be used for St. Peters and Cottleville residents. The total amount of the order for the production and delivery of the carts is not exceed $127,000. SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said agreement on behalf of the City of St. Peters. SECTION 3. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval.

SECTION NO. 4. Savings.

Except as expressly set forth herein, nothing contained in this Ordinance shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in manner connected with the subject matter hereof.

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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 15th day of November, 2018. _______________________________

Len Pagano, As Presiding Officer and as Mayor Attest: ______________________________ Patricia E. Smith, City Clerk

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BILL NO. 18-175 I-14

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT WITH ROBERTS WATER TECHNOLOGIES, INC. FOR AIR SCOUR EQUIPMENT AT THE CITY’S WATER TREATMENT PLANT

WHEREAS, the City of St. Peters has identified the need for improving the backwashing process at the City’s water treatment plant; and WHEREAS, replacing the existing surface washing system installed in 1978 which is no longer functional with Air Scour equipment; and WHEREAS, advance procuring this equipment ahead of the construction contract will insure the project is completed within schedule; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. The City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to enter into a contract with Roberts Water Technologies, Inc. for Air Scour Equipment for eight filters at the City’s water treatment plant in the initial amount of $228,700. 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. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein.

SECTION 4. Severability Clause. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid, is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

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No.

SECTION 5. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed and approved this 15th day of November, 2018. Len Pagano, As Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

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BILL NO. 18-176 I-15

ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO NEGOTIATE AND EXECUTE A PROFESSIONAL ENGINEERING SERVICE AGREEMENT FOR THE STUDY OF THE ROUTE 370 AND SALT RIVER ROAD ACCESS INTERCHANGE (HORNER & SHIFRIN, INC.)

WHEREAS, the City of St. Peters has entered into an agreement with St. Charles County to study the Route 370 and Salt River Road interchange to improve traffic flow; and WHEREAS, the project requires professional engineering services to study and prepare an access justification report; and WHEREAS, the City has evaluated the merits of proposal submitted by Horner & Shifrin, Inc.; and WHEREAS, it is recommended that the firm of Horner & Shifrin, Inc. perform the required engineering services. 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 and execute a professional engineering service agreement with the Horner & Shifrin, Inc. in an amount not to exceed $298,000.00 for the study of the Route 370 and Salt River Road access interchange. SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said agreement on behalf of the City of St. Peters. SECTION 3. Savings Clause.

Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 4. Severability Clause.

If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that

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it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

SECTION 5. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 15th day of November, 2018.

Len Pagano, As Presiding Officer and as Mayor


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Documents

CITY OF ST. PETERS BOARD OF ALDERMEN BOA Packet.pdf · BOA ITEMS FOR DISCUSSION NEW BUSINESS ITEMS: Alderman Reitmeyer moved and Alderman Bateman seconded the motion to remove Discussion