city of st. peters board of aldermen boa packet.pdf · road at premier parkway – benesek mr....

CITY OF ST. PETERS BOARD OF ALDERMEN

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

September 26, 2019 – 6:30 P.M.

A. Call to Order, Mayor Len Pagano

B. Roll Call

C. Opening Ceremonies

1. Invocation

2. Pledge of Allegiance

3. Presentation: David Kuppler, Retirement

4. Presentation: Center for Autism Education – Angie New

D. Approval of Minutes: The Board of Aldermen Work Session meeting of September 12, 2019; and the Regular Board of Aldermen meeting of September 12, 2019.

E. Reports of Officers, Boards and Commissions

1. Mayoral Report of Appointments to Boards and Commissions

2. City Administrator’s Report:

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

a. Petition 19-12 – Change of Zoning, Delta Nine Extractions, LLC – Powers

b. Petition 19-13 – Change of Zoning, Auto Plaza St. Peters, LLC – Powers

c. Amended PUD, Morrison Lane, LLC - Powers

4. St. Peters Business Spotlight: None

F. Open Forum

1. Citizens Petitions and Comments

2. Communications from the Elected Officials

3. Announcements

G. Public Hearings:

1. Public Hearing for the Proposed Tax Rates for Calendar Year 2019 - French

H. Unfinished Business Items: None

I. New Business Items:

1. Bill No. 19-129: Bill amending certain sections of the Municipal Code of the City of St. Peters, Title IV: Land Use pertaining to zoning property within said City in response to Rezoning Petition Number 19-12 – Delta Nine Extractions, LLC, by making certain changes in the designated districts in certain sections of said City

2. Bill No. 19-130: Bill authorizing and directing the City Administrator of the City of St. Peters, Missouri, to execute a Planned Urban Development Agreement with Auto Plaza St. Peters LLC, Shell Properties, LLC and PBS Properties, LLC

3. Bill No. 19-131: Bill authorizing and directing the City Administrator of the City of St. Peters, Missouri, to execute an amended PUD Agreement with Morrison Lane LLC for development of Queensbrooke II

4. Bill No. 19-132: Bill establishing the Ad Valorem Taxes for all Real and Tangible Personal Property within the City of St. Peters, for the period of January 1, 2019 to December 31,2019

5. Bill No. 19-133: Bill providing for and authorizing the Mayor of the City of St. Peters, Missouri, for use of St. Charles County Transportation Sales Tax Funds for construction of a new ramp, MO 370 Interchange Ramp at Salt River Road, Phase 1

6. Bill No. 19-134: 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 St. Charles County Transportation Sales Tax Funds for design of a new ramp, MO 370 Interchange Ramp at Salt River Road, Phase 2 - Design

7. Bill No. 19-135: 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 St. Charles County Transportation Sales Tax Funds for proposed improvements to an intersection, Spencer Road at Premier Parkway

8. Bill No. 19-136: Bill amending Ordinance No. 7002, Ordinance No. 7145, and Ordinance No. 7197 providing for the adoption of the General Fund, Debt Service Fund, Community Development Block Grant Subrecipient Fund, County Sewer Lateral Repair Program Fund, Local Parks and Storm Water Fund, Sewer Lateral Repair Program Fund, Special Allocation Funds, Transportation Trust Fund, Water Service Line Repair Program Fund, 370 Lakeside Park Fund, Central Materials Processing Facility Fund, Golf and Banquet Center Fund, Recreation Fund, Solid Waste Fund, and Water/Sewer Fund Budgets for the City of Saint Peters for Fiscal Year commencing on October 1, 2018 and ending September 30, 2019

9. Bill No. 19-137: Bill authorizing the City Administrator of the City of St. Peters, Missouri, to execute an Easement Agreement granting a Permanent Utility Easement to Union Electric Company d/b/a Ameren Missouri

10. Bill No. 19-138: Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into a Stormwater Detention Basin Easement Agreement and a Stormwater Detention Basin Management Agreement with Candlewick Homeowners Association for the Candlewick Basin Improvement Project

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: September 23, 2019 at 9:00 a.m. By: P. Smith, City Clerk

Next Regular Board of Aldermen Meeting: October 10, 2019

CITY OF ST. PETERS BOARD OF ALDERMEN WORK SESSION MINUTES September 12, 2019

The Work Session was called to order at approximately 5:00 p.m. on Thursday, September 12, 2019 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; Board President Bateman; Alderman Barclay; Alderman Reimer; Alderman Reitmeyer; Alderman Townsend; Alderman Trupiano; Alderman Violet; Cathy Pratt, Staff Support Services Manager; Burt Benesek, Transportation and Development Services Manager; Dave Kuppler, Health and Environmental Services Manager; Bill Malach, Water Environment Services Manager; Jeff Hutsler, Parks and Golf Services Manager; Rick Struttmann, Police Chief; Randy Weber, Special Counsel; Russ Batzel, City Administrator; and Patty Smith, City Clerk. Rick Oloteo, Recreation and Cultural Services Manager; and Alderman Hollingsworth were absent. COMMUNICATIONS FROM BOARD MEMBERS/ALDERMANIC REPRESENTATIVES Committee reports were given during this time. BOA ITEMS FOR DISCUSSION No items were discussed MAYOR/CITY ADMINISTRATOR ITEM UNFINISHED BUSINESS ITEMS: NONE NEW BUSINESS ITEMS: Alderman Reimer stepped out of the meeting in progress at 5:24 p.m. and returned at 5:28 p.m. Alderman Reitmeyer moved and Alderman Violet seconded the motion to remove Draft Resolution of Support with MHDC (Queensbrooke Phase 2) from the agenda for discussion. The motion was approved. DRAFT RESOLUTION OF SUPPORT WITH MHDC (QUEENSBROOKE PHASE 2) – MAYOR/BARCLAY/TRUPIANO Alderman Barclay explained that in 2003 the Queensbrooke subdivision was started with the original plan for commercial property, townhomes, and condos but the condos were never completed at that time. A developer came forward in 2014 with a plan for a senior development with apartment buildings and a clubhouse using tax credits from the Missouri Housing Development Commission (MHDC). This project will support the increased need

City of St. Peters: Board of Aldermen Work Session Minutes September 12, 2019 Page 2 of 4

for senior housing in our community. Alderman Barclay stated that staff is requesting a resolution in support of the project as part of the application process to MHDC. No further comments or questions from the Board of Aldermen. This is business item I-07 on this evening’s Board of Aldermen meeting agenda for consideration. Alderman Reitmeyer moved and Alderman Barclay seconded the motion to remove Intergovernmental Agreements with St. Charles County/New Ramp at MO 370 at Salt River Road & Intersection Improvements to Spencer Road at Premier Parkway from the agenda for discussion. The motion was approved. INTERGOVERNMENTAL AGREEMENTS WITH ST. CHARLES COUNTY/NEW RAMP AT MO 370 AT SALT RIVER ROAD & INTERSECTION IMPROVEMENTS TO SPENCER ROAD AT PREMIER PARKWAY – BENESEK Mr. Benesek gave a slideshow presentation on three Road Board funding agreements for Spencer Road at Premier Parkway Interchange Improvements and Route 370; and Salt River Road Interchange Ramp, Phase 1 (All Phases) and Phase 2 (Design Only). Mr. Benesek explained the improvement projects that are partially funded from the Transportation Trust Fund. With Board approval, three draft ordinances will be placed on the September 26, 2019 Board of Aldermen agenda for consideration. No comments or questions from the Board of Aldermen. Alderman Townsend moved and Alderman Bateman seconded the motion to place these items on the September 26, 2019 Board of Aldermen meeting agenda. The motion was approved. These items will be placed on the September 26, 2019 Board of Aldermen meeting agenda for consideration. Alderman Reitmeyer moved and Alderman Reimer seconded the motion to remove Development Agreements with Central County Fire & Rescue and St. Charles County Ambulance District for Medline Industries Project from the agenda for discussion. The motion was approved. DEVELOPMENT AGREEMENTS WITH CENTRAL COUNTY FIRE & RESCUE AND ST. CHARLES COUNTY AMBULANCE DISTRICT FOR MEDLINE INDUSTRIES PROJECT – BATZEL Mr. Batzel discussed the need to execute development agreements with Central County Fire & Rescue and St. Charles County Ambulance District for the Medline Industries project. These agreements, included in the Work Session packet, are required for Chapter 100 projects relative to State Legislation passed this last year. Mr. Batzel advised these agreements have been presented to both districts and are under consideration for approval by their Boards, before returning a draft ordinance on a future Board of Aldermen agenda for consideration, possibly in October. No comments or questions from the Board of Aldermen. Alderman Bateman moved and Alderman Townsend seconded the motion to place this item on an October, 2019 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on an October 2019 Board of Aldermen meeting agenda for consideration.


Alderman Reitmeyer moved and Alderman Reimer seconded the motion to remove Secretary of State/Records Retention Schedule from the agenda for discussion. The motion was approved. SECRETARY OF STATE/RECORDS RETENTION SCHEDULE – SMITH City Clerk Smith stated that the Destruction of Records forms provided in this evening’s meeting packet necessitate being entered and made a part of the minutes of the Board of Aldermen for September 12, 2019. Alderman Reitmeyer moved and Alderman Reimer seconded the motion to accept the City Clerk’s report regarding the Destruction of Record forms that are provided in the Work Session packet and to be entered into the September 12, 2019 minutes of the Board of Aldermen. The motion was approved. No further Board of Aldermen action is required on this item. MISCELLANEOUS UPDATES – BATZEL DRAFT ORDINANCE AMENDING CITY CODE SEC. 125.020 POLICIES – PRATT Ms. Pratt informed that business item I-02 for approval consideration on tonight’s Board of Aldermen meeting is related to amending City Code Section 125.020 Policies to add Martin Luther King Jr. as a City holiday. No comments or questions from the Board of Aldermen. This is business item I-02 on this evening’s Board of Aldermen meeting agenda for consideration. CELEBRATE ST. PETERS UPDATE – BEDIAN Ms. Lisa Bedian, Director of Communications, gave a slideshow update on upcoming Celebrate St. Peters activities with several changes due to the recent flooding at 370 Lakeside Park. Ms. Bedian suggested the free satellite parking at Mid Rivers Mall due to the only free general parking areas this year are outside the park. She stated a limited amount of reserved parking inside the park are only sold in advance. Ms. Bedian recommended bringing lawn chairs and blankets for the main stage shows and stated that coolers, alcoholic beverages, glass, and pets (excluding service dogs) are prohibited from being brought into the festival. A full schedule is located on the City’s website and also in the September 11, 2019 Mid Rivers Newsmagazine and Community News. Ms. Bedian thanked the City of St. Peters staff team and volunteers for helping clean up and prepare 370 Lakeside Park after the flooding. BOARD MEETING AGENDA ITEM REVISIONS – BATZEL BOND ORDINANCE UPDATE – PRATT Ms. Cathy Pratt stated that New Business Item I-05 on tonight’s Board of Aldermen meeting agenda is the refunding of the water and sewer bonds. She introduced Joy Howard with WM Financial Strategies and Shannon Creighton with Gilmore & Bell, P.C. to explain more on the bonds. Ms. Howard explained the competitive bid process and that the City of St. Peters received eight (8) bids. The lowest true interest bid was from Bernardi Securities, Inc. at 1.598111% and the highest true interest bid was from FTN Financial Capital Markets at


2.035735%. Ms. Howard is recommending to proceed with Bernardi Securities, Inc. Ms. Howard recounted that this refunding was originally presented to the Board in 2017 with an expected refund of $300,000 but interest rates started to climb and the City’s consulting firm advised the City to delay this sale due to the increased interest rates. With the current lower rates, the expected savings on the refunding will total in the amount of $545,000. Ms. Pratt reminded the Board that she will need to read this amendment into the Ordinance on tonight’s Board of Aldermen meeting agenda and commended Beth French for her work on this item. No further comments or questions came from the Board of Aldermen. This is new business item I-05 on this evening’s Board of Aldermen meeting agenda for consideration. EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION 610.021 (1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6) Alderman Barclay moved and Alderman Violet seconded the motion to enter Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section 610.021(1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6) and then adjourn the Work Session meeting from the Executive Session. With the motion approved, the Board of Aldermen entered Executive Session at approximately 5:48 p.m. Roll Call was taken as follows: President of the Board of Aldermen, Alderman Bateman: yes; Alderman Barclay: yes; Alderman Violet: yes; Alderman Hollingsworth: absent; Alderman Reitmeyer: yes; Alderman Townsend: yes; Alderman Reimer: yes; Alderman Trupiano: yes. ADJOURNMENT OF THE EXECUTIVE SESSION AND THE WORK SESSION Alderman Violet moved and Alderman Townsend seconded the motion to adjourn the Executive Session and the Work Session meeting. The motion carried and the Executive Session and the Work Session was adjourned at approximately 6:25 p.m. with roll call shown as follows: President of the Board of Aldermen, Alderman Bateman, yes; Alderman Reitmeyer, yes; Alderman Townsend, yes; Alderman Hollingsworth, absent; Alderman Barclay, yes; Alderman Violet, yes; Alderman Reimer, yes; Alderman Trupiano, yes. Submitted by, Patricia E. Smith City Clerk

CITY OF ST. PETERS CITY HALL BOARD OF ALDERMEN REGULAR MEETING MINUTES SEPTEMBER 12, 2019

CALL TO ORDER Mayor Pagano called the Board of Aldermen meeting to order at approximately 6:32 p.m. on September 12, 2019, at the St. Peters Justice Center located at 1020 Grand Teton Drive. Patty Smith, City Clerk, called the roll. Present were: Mayor Pagano; Board President Bateman; Alderman Barclay; Alderman Reimer; Alderman Reitmeyer; Alderman Townsend; Alderman Trupiano; Alderman Violet; Special Counsel Weber; Chief Struttmann; City Administrator Batzel; and City Clerk Smith. Pastor Steve Koeneman delivered the Invocation. Boy Scout Jaq Foster of Scout Troop 957 led the Pledge of Allegiance. Alderman Hollingsworth was absent. OATH OF OFFICE: POLICE CHIEF RICHARD S. STRUTTMANN Mayor Pagano administered the Ceremonial Oath of Office to Police Chief Richard Struttmann. Chief Struttmann introduced his family in attendance. OATH OF OFFICE: POLICE CAPTAIN BRANDON N. MILATOVIC Chief Struttmann administered the Ceremonial Oath of Office to Police Captain Brandon Milatovic. Captain Milatovic introduced his family in attendance. OATH OF OFFICE: POLICE LIEUTENANT CLAYTON A. ALLEY Chief Struttmann administered the Ceremonial Oath of Office to Police Lieutenant Clayton Alley. Lieutenant Alley introduced his son in attendance. OATH OF OFFICE: POLICE SERGEANT ERIN J. O’NEAL Chief Struttmann administered the ceremonial Oath of Office to Police Sergeant Erin O’Neal. Sergeant O’Neal introduced his family in attendance. PROCLAMATION: DAR, CONSTITUTION WEEK Alderman Townsend presented the St. Charles Chapter of Daughters of the American Revolution with the Proclamation recognizing Constitution Week as September 17-23, 2019. APPROVAL OF MINUTES: THE BOARD OF ALDERMEN WORK SESSION MEETING OF AUGUST 22, 2019; AND THE REGULAR BOARD OF ALDERMEN MEETING OF AUGUST 22, 2019 Alderman Reitmeyer moved and Alderman Violet seconded the motion to approve the Board of Aldermen Work Session meeting minutes of August 22, 2019; and the Regular Board of Aldermen meeting minutes of August 22, 2019. All in favor, the motion carried and the minutes were approved.

Board of Aldermen Minutes: City of St. Peters September 12, 2019 Page 2 of 7 REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MAYORAL REPORT OF APPOINTMENTS TO BOARDS AND COMMISSIONS APPOINTMENTS TO PLANNING & ZONING COMMISSION Alderman Violet read the appointment of the following individual to serve from Alternate Member to Member to the Planning and Zoning Commission: Lori Tainter, 207 Bellemeade Drive, St. Peters (Ward 2) for the term effective immediately and expiring September 20, 2020. Ms. Tainter will be filling the vacancy of Denise O’Mara, who resigned. Alderman Violet also read the appointment of the following individuals as Alternate Member to the Planning and Zoning Commission: Renee Tillman, 186 Waterside Crossing Drive, St. Peters (Ward 4); for the term effective immediately and expiring September 30, 2021. Ms. Tillman will be filling the vacancy of Lori Tainter, who was appointed to member. The following individuals were nominated for re-appointment as members to the Planning and Zoning Commission: J. Patrick Kelly, #1 Outpost Court, St. Peters (Ward 2); Keith M. McNames, 33 Mill Brooke Court, St. Peters (Ward 4); Larry Sachse, 15 Red Mill Court, St. Peters (Ward 4); Steven Bailey, 20 Sunny View Drive, St. Peters (Ward 1); Shirley Moore, 1143 Spencer Road, St. Peters (Ward 3); and John Luehrs, 608 Bull Valley, St. Peters (Ward 4). For the term effective October 1, 2019 and expiring September 30, 2023. Alderman Reitmeyer moved and Alderman Reimer seconded the motion to approve the appointments. All in favor, the motion carried and the appointments were approved. CITY ADMINISTRATOR’S REPORT None REPORT OF DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT None ST. PETERS BUSINESS SPOTLIGHT: None OPEN FORUM CITIZENS PETITIONS AND COMMENTS Julie Newcorn, 760 Estes Park Drive, spoke regarding her concern for a rental supply home occupation, believed to be operating without a permit, at 742 Estes Park Drive. Ms. Newcorn spoke of numerous nuisance and possible ordinance violation concerns. Alderman Bateman moved to extend speaking time and Alderman Reitmeyer seconded the motion. All in favor. COMMUNICATIONS FROM THE ELECTED OFFICIALS Elected Officials made comments during this time. ANNOUNCEMENTS PUBLIC HEARINGS

Board of Aldermen Minutes: City of St. Peters September 12, 2019 Page 3 of 7 None UNFINISHED BUSINESS ITEMS None NEW BUSINESS ITEMS MOTION/APPROVED: BILL NO. 19-123: ORDINANCE NO. 7195: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT PROVIDING FOR A TEMPORARY CONSTRUCTION EASEMENT FOR CONSTRUCTION OF THE GATESWOOD STORMWATER IMPROVEMENT PROJECT – P-32 (GIANCOLA) Alderman Bateman moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Reitmeyer seconded the motion to read Bill No. 19-123 for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Bateman moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Reimer read the Bill. Alderman Violet moved and Alderman Townsend seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 19-123 passed becoming Ordinance No. 7195. Barclay: Yes Reimer: Yes Hollingsworth: Absent Reitmeyer: Yes Trupiano: Yes Violet: Yes Bateman: Yes Townsend: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: Alderman Barclay moved and Alderman Reitmeyer seconded the motion to suspend the order of business and move to Business Item 7. The motion was approved unanimously. MOTION/ADOPTED: RESOLUTION NO. 1578: A RESOLUTION OF INTENT TO SUPPORT AN APPLICATION BY PHOENIX REAL ESTATE SERVICES, LLC TO THE MISSOURI HOUSING DEVELOPMENT COMMISSION FOR THE CONSTRUCTION OF SENIOR APARTMENT HOMES PLANNED FOR THE AREA KNOWN AS QUEENSBROOKE Alderman Bateman stepped out of the meeting in progress at 7:22 p.m. Alderman Barclay moved and Alderman Townsend seconded the motion to introduce the Resolution. The motion carried. Alderman Hollingsworth moved and Alderman Bateman seconded the motion to read the Resolution for the first time. The motion carried and Alderman Barclay read the Resolution. Alderman Townsend moved and Alderman Reitmeyer seconded the motion to put the Resolution to a final vote. The motion was approved and Resolution No. 1578 was adopted. Barclay: Yes Reimer: Yes Hollingsworth: Absent Reitmeyer: Yes Trupiano: Yes Violet: Yes Bateman: Absent Townsend: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR: Alderman Barclay moved and Alderman Townsend seconded the motion to return to the order of business. The motion was approved unanimously.

Board of Aldermen Minutes: City of St. Peters September 12, 2019 Page 4 of 7 MOTION/APPROVED: BILL NO. 19-124: ORDINANCE NO. 7196: AN ORDINANCE OF THE CITY OF ST. PETERS, MISSOURI, AMENDING PARAGRAPH 2 OF SUBSECTION A OF SECTION 125.020 BY DELETING IT IN ITS ENTIRETY AND ENACTING A NEW PARAGRAPH 2 OF SUBSECTION A OF SECTION 125.020; RELATING TO POLICIES CONCERNING HOLIDAYS Alderman Reimer moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Violet moved and Alderman Townsend seconded the motion to read Bill No. 19-124 for the first time. The motion carried and Alderman Townsend read the Bill. Alderman Reitmeyer moved and Alderman Barclay seconded the motion to read the Bill for the second time. The motion carried and Alderman Violet read the Bill. Alderman Townsend moved and Alderman Reimer seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 19-124 passed becoming Ordinance No. 7196. Barclay: Yes Reimer: Yes Hollingsworth: Absent Reitmeyer: Yes Trupiano: Yes Violet: Yes Bateman: absent Townsend: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR: MOTION/APPROVED: BILL NO. 19-125: ORDINANCE NO. 7197: AN ORDINANCE AMENDING ORDINANCE NO. 7002 AND ORDINANCE NO. 7145 PROVIDING FOR THE ADOPTION OF THE GENERAL FUND, DEBT SERVICE FUND, COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT FUND, COUNTY SEWER LATERAL REPAIR PROGRAM FUND, LOCAL PARKS AND STORM WATER FUND, SEWER LATERAL REPAIR PROGRAM FUND, SPECIAL ALLOCATION FUNDS, TRANSPORTATION TRUST FUND, WATER SERVICE LINE REPAIR PROGRAM FUND, 370 LAKESIDE PARK FUND, CENTRAL MATERIALS PROCESSING FACILITY FUND, GOLF AND BANQUET CENTER FUND, RECREATION FUND, SOLID WASTE FUND, AND WATER/SEWER FUND BUDGETS FOR THE CITY OF SAINT PETERS FOR FISCAL YEAR COMMENCING ON OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019 Alderman Bateman returned to the meeting in progress at 7:28 p.m. Alderman Reimer moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Reimer moved and Alderman Reitmeyer seconded the motion to read Bill No. 19-125 for the first time. The motion carried and Alderman Trupiano read the Bill. Alderman Reitmeyer moved and Alderman Townsend seconded the motion to read the Bill for the second time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Violet moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 19-125 passed becoming Ordinance No. 7197. Barclay: Yes Reimer: Yes Hollingsworth: Absent Reitmeyer: Yes Trupiano: Yes Violet: Yes Bateman: Yes Townsend: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO. 19-126: ORDINANCE NO. 7198: AN ORDINANCE AMENDING ORDINANCE NO. 7184 PROVIDING FOR THE ADOPTION OF THE GENERAL FUND, DEBT SERVICE FUND, COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT FUND, COUNTY SEWER LATERAL REPAIR PROGRAM FUND, LOCAL PARKS AND STORM WATER FUND, SEWER LATERAL REPAIR PROGRAM FUND, TRANSPORTATION TRUST FUND, WATER SERVICE LINE REPAIR PROGRAM FUND, 370 LAKESIDE PARK FUND, ENVIRONMENTAL SERVICES FUND, GOLF AND BANQUET CENTER FUND, RECREATION

Board of Aldermen Minutes: City of St. Peters September 12, 2019 Page 5 of 7 FUND, AND WATER/SEWER FUND BUDGETS FOR THE CITY OF SAINT PETERS FOR FISCAL YEAR COMMENCING ON OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020. Alderman Bateman moved and Alderman Violet seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Violet seconded the motion to read Bill No. 19-126 for the first time. The motion carried and Alderman Reimer read the Bill. Alderman Reitmeyer moved and Alderman Reimer 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 Barclay seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 19-126 passed becoming Ordinance No. 7198. Barclay: Yes Reimer: Yes Hollingsworth: Absent Reitmeyer: Yes Trupiano: Yes Violet: Yes Bateman: Yes Townsend: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO. 19-127: ORDINANCE NO. 7199: AN ORDINANCE AUTHORIZING THE ISSUANCE OF COMBINED WATERWORKS AND SEWERAGE SYSTEM REFUNDING REVENUE BONDS, SERIES 2019, OF THE CITY OF ST. PETERS, MISSOURI; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY THEREOF; AND AUTHORIZING CERTAIN ACTIONS AND DOCUMENTS AND PRESCRIBING OTHER MATTERS RELATING THERETO Alderman Barclay moved and Alderman Bateman seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Bateman seconded the motion to read Bill No. 19-127 for the first time. The motion carried and Alderman Bateman read the Bill. Cathy Pratt read in the amendments to the Bill as follows: On the cover page, amended to read: “$3,890,000” On page two, Article I, Definitions. Section 101. Amended to read: ““Bonds” means the City’s Combined Waterworks and Sewerage System Refunding Revenue Bonds, Series 2019, in the original aggregate principal amount of $3,890,000, authorized and issued pursuant to this Ordinance.” Top of page 5, amended to read: ““Original Purchaser” means ,Bernardi Securities, Inc., Chicago, Illinois, the original purchaser of the Bonds.” On page 7. Article II. Authorization of Bonds. Section 201. Authorization of Bonds. Amended to read: “…in the principal amount of $3,890,000 (the “Bonds”), for the purpose of providing funds…” On page 8. Under Section 202. Description of Bonds, the Serial Bonds are amended to read as follows:

Stated Maturity (May 1)

Principal Amount

Annual Rate of Interest

2020 $260,000 3.00% 2021 320,000 3.00 2022 340,000 3.00 2023 365,000 3.00

Board of Aldermen Minutes: City of St. Peters September 12, 2019 Page 6 of 7

Stated Maturity (May 1)

Principal Amount

Annual Rate of Interest

2024 385,000 3.00 2025 405,000 3.00 2026 425,000 3.00 2027 445,000 3.00 2028 460,000 3.00 2029 485,000 3.00

On , Under Section 211. Sale of Bonds. Amended to read: “The sale of the Bonds to the Original Purchaser at a purchase price of $4,177,070.00….” On Page 15, Under Section 502. Deposit of Bond Proceeds and Other Moneys. (a) Amended to read: “the sum of $60,042.95...” (b) amended to read: “The sum of $4,201,446.43 (consisting of the remaining balance of the proceeds from the sale of the Bonds ($4,117,027.05) and other legally available funds of the City in the amount of $84,419.38)),...” Page A-2. Form of Bonds. Amended aggregating the principal amount to read: “$3,890,000” Alderman Reitmeyer moved and Alderman Violet seconded the motion to approve the amendments as read. The motion was approved. Alderman Barclay moved and Alderman Bateman seconded the motion to read the Bill, as amended, for the second time. The motion carried and Alderman Townsend read the Bill as amended. Alderman Townsend moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 19-127 passed becoming Ordinance No. 7199. Barclay: Yes Reimer: Yes Hollingsworth: Absent Reitmeyer: Yes Trupiano: Yes Violet: Yes Bateman: Yes Townsend: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO. 19-128: ORDINANCE NO. 7200: AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI TO EXECUTE AN AGREEMENT WITH ST. CHARLES COUNTY AMBULANCE DISTRICT FOR THE CENTRAL STATES MANUFACTURING, INC. PROJECT Alderman Bateman moved and Alderman Townsend seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Townsend seconded the motion to read Bill No. 19-117 for the first time. The motion carried and Alderman Violet read the Bill. Alderman Reitmeyer moved and Alderman Reimer seconded the motion to read the Bill for the second time. The motion carried and Alderman Trupiano read the Bill. Alderman Townsend moved and Alderman Bateman seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 19-117 passed becoming Ordinance No. 7189. Barclay: Yes Reimer: Yes Hollingsworth: Absent Reitmeyer: Yes Trupiano: Yes Violet: Yes Bateman: Yes Townsend: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR:

Board of Aldermen Minutes: City of St. Peters September 12, 2019 Page 7 of 7 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 Barclay moved and Alderman Violet seconded the motion to adjourn the Regular Board of Aldermen meeting. Motion approved and the Regular Board of Aldermen meeting adjourned at approximately 7:41 p.m. Respectfully submitted, Patricia E. Smith City Clerk

E-03a

NOTICE OF PUBLIC HEARING

The Planning and Zoning Commission of the City of St. Peters will hold a public hearing at 6:30 p.m. on Wednesday, September 4, 2019 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 19-12 Delta Nine Extractions LLC requests a change of zoning from the C-3 General Commercial District to the I-1 Light Industrial District for a .89 acre +/- acre tract. The subject site is located on the south side of South St. Peters Parkway, west of Harvestowne Industrial Drive - 4526 South St. Peters Parkway.

LOCATION MAP

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

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South St. Peters Parkway

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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, September 4, 2019 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Road and Grand Teton Drive (1020 Grand Teton Drive). The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance the proposed special use permit described below. All interested citizens will have the opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the City before the meeting by calling or writing to the City Administrator at P.O. Box 9, St. Peters, MO, 63376, 477-6600 or 278-2244.

Rezoning Petition 19-13 Auto Plaza St. Peters LLC requests a change of zoning from the C-3 General Commercial District to a Planned Urban Development (PUD) for a 2.13 +/- acre parcel. The subject site is on the south side of Veterans Memorial Parkway, east of Belleau Creek Road. The proposed development may include the sale of used motor vehicles and all permitted uses in the C-3 General Commercial District.

LOCATION MAP

LEGAL DESCRIPTION

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

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NOTICE OF PUBLIC HEARING

A public hearing will be held at 6:30 p.m., September 26, 2019 at the St. Peters Justice Center, 1020 Grand Teton Drive, Saint Peters, MO 63376, at which time citizens may be heard on the property tax rates proposed to be set by the City of Saint Peters, a political subdivision. The tax rates shall be set to produce substantially the same revenues as required for property tax in the annual budget for the fiscal year beginning October 1, 2019. The figures presented in this notice are based on current data, but are subject to change in order to comply with state and county regulations and to include modifications approved by the Board of Equalization. Each tax rate is determined by dividing the amount of revenue required by the current assessed valuation. The result is multiplied by 100 so the tax rate will be expressed in cents per $100 valuation.

Prior Tax Year Current Tax Year(By Categories) 2018 2019

Real Estate $1,030,957,296 $1,172,806,719Personal Property 195,093,093 209,460,147Railroad and Utility 18,529,180 19,855,115Total $1,244,579,569 $1,402,121,981

Amount of PropertyTax Revenues

ProposedBudgeted for Fiscal Tax Rates for 2019

Fund Year 2019/20 (per $100)

General $7,829,500 $0.5584Debt Service 2,966,900 $0.2116Total $10,796,400 $0.7700

Change in Revenue From Prior Fiscal Year:New Construction & Improvements $471,888 4.92%Newly Added Territory 339 0.00%Change in Assessed Value on Prior Year Property 740,873 7.73%Total Change in Revenue From Prior Fiscal Year $1,213,100 12.66%

Assessed Valuation

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BILL NO. 19-129 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 19-12 – DELTA NINE EXTRACTIONS, LLC, BY MAKING CERTAIN CHANGES IN THE DESIGNATED DISTRICTS IN CERTAIN SECTIONS OF SAID CITY

WHEREAS, by Petition Number 19-12 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-1 Light Industrial District for a 0.89 +/- acre parcel from C-3 General Commercial District, more particularly described as follows:

LAND DESCRIPTION

Lot 6 of Harvestowne Plat One as recorded in St. Charles County on April 20,

1973

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

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

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

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 26th day of September, 2019.

Len Pagano, As Presiding Officer and as Mayor Attest: Scott Baumgartner, Deputy City Clerk

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BILL NO. 19-130 I-02

ORDINANCE NO.

AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A PLANNED URBAN DEVELOPMENT AGREEMENT WITH AUTO PLAZA ST. PETERS LLC, SHELL PROPERTIES, LLC AND PBS PROPERTIES, LLC WHEREAS, Auto Plaza St. Peters, LLC, Shell Properties, LLC, and PBS Properties,

LLC, owners, and Auto Plaza St Peters, LLC, applicant, of a tract of land containing 3.03 +/- acres; and

WHEREAS, the applicant is desirous of developing the property for used motor vehicle

sales and automotive services; and WHEREAS, all parties believe it to be in their mutual best interests to amend the terms and

conditions as set forth in the Planned Urban Development Agreement, in substantially the form attached hereto.

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

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

hereby authorized to execute on behalf of the City of St. Peters, Missouri, a PUD Agreement with Auto Plaza St. Peters, LLC, Shell Properties, LLC, and PBS Properties, LLC for development of a tract of land in substantially the form attached hereto and marked as Exhibit A.

SECTION 2. Savings Clause

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

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

SECTION 3. Severability Clause

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

SECTION 4. This Ordinance shall take effect and be in force from and after its passage by the Board of Aldermen and its approval by the Mayor of the City of St. Peters, Missouri. Read two times, passed, and approved this 26th day of September, 2019.

Len Pagano, As Presiding Officer and as Mayor Attest: Scott Baumgartner, Deputy City Clerk DRAFT

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Exhibit A

BILL NO. 19-131 I-03

ORDINANCE NO.

AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE AN AMENDED PUD AGREEMENT WITH MORRISON LANE LLC FOR DEVELOPMENT OF QUEENSBROOKE II

WHEREAS, Morrison Lane LLC (hereinafter referred to as “Property Owner”) are the owners of a tract of land containing 21.54 +/- acres which is a development known as Queensbrooke II; and

WHEREAS, Phoenix Real Estate Services, LLC (hereinafter referred to as “Developer”) is the developer of the Queensbrooke II development; and

WHEREAS, the property has been designated an R-3 Planned Urban Development (R-3 PUD) District as approved by the Board of Aldermen by passage of Ordinance 3825; and

WHEREAS, the PUD agreement has been amended via Ordinance 5412;

WHEREAS, the PUD agreement was further amended via Ordinance 6229;

WHEREAS, all parties believe it to be in their mutual best interests to amend the terms and conditions as set forth in the Amended 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

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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 Morrison Lane, LLC for development of a tract of land known as Queensbrooke II, in substantially the form attached hereto and marked as Exhibit “A”.

SECTION 2. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify,




SECTION 4. This Ordinance shall take effect and be in force from and after its passage by the Board of Aldermen and its approval by the Mayor of the City of St. Peters, Missouri. Read two times, passed, and approved this 26th day of September, 2019.

Len Pagano, As Presiding Officer and as Mayor Attest: Scott Baumgartner, Deputy City Clerk

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THIRD AMENDMENT TO

PLANNED URBAN DEVELOPMENT AGREEMENT QUEENSBROOKE II

THIS AMENDMENT TO PLANNED URBAN DEVELOPMENT AGREEMENT (the

“the Agreement”) is made and entered into as of the _____ day of ______________, 2019, 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 Morrison Lane, LLC (hereinafter referred to as “Property Owner”)

WITNESSETH:

WHEREAS, Property Owner is the fee owner of a 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 continuing construction of a residential

development consisting of attached single family and multiple-family units on the “Property”; and

WHEREAS, Property Owner and the City did, pursuant to Ordinance No. 3825, enter into a certain Planned Urban Development Agreement dated as of May 8, 2003 (the “PUD Agreement”), for development of said Property; and WHEREAS, Property Owner and the City did, pursuant to Ordinance No. 5412, enter into a certain Planned Urban Development Agreement dated as of May 27 2010 (the “PUD Agreement”), for development of said Property; and WHEREAS, Property Owner and the City did, pursuant to Ordinance No. 6229, enter into a certain Planned Urban Development Agreement dated as of September 25, 2014 (the “PUD Agreement”), for development of said Property; and

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WHEREAS, the Property was designated as a R-3 Planned Urban Development (PUD) District, as recommended by the Planning and Zoning Commission of the City, and as approved by the Board of Aldermen; and

WHEREAS, Section 10 of Ordinance 3825 allows successors in interest to develop the

land, and Morrison Lane LLC is now the Property Owner; and

WHEREAS, the Property Owner desires to again 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 is hereby acknowledged, the parties hereto agree as follows:

1. Per SECTION 4. of the PUD Agreement the City hereby grants an extension until

August 14, 2023 for the completion of the Development Plan.

All other terms, provisions and conditions of the PUD Agreement as amended, 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.

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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 ____________, 2019, 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 on 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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MORRISON LANE, LLC

By: ________________________________ STATE OF MISSOURI ) ) SS. COUNTY OF ______________ ) On this _____ day of ____________, 2019, before me personally appeared ______________________, who, being by me duly sworn, did say that he is the __________________ of MORRISON LANE, LLC, and that the seal affixed to the foregoing instrument is the seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation, by authority of its Board of Directors, and said President acknowledged said instrument to be the free act and deed of said corporation. 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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EXHIBIT A

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BILL NO. 19-132 I-04

ORDINANCE NO.________

AN ORDINANCE ESTABLISHING THE AD VALOREM TAXES FOR ALL REAL AND TANGIBLE PERSONAL PROPERTY WITHIN THE CITY OF ST. PETERS, FOR THE PERIOD OF JANUARY 1, 2019 TO DECEMBER 31, 2019 WHEREAS, the City of St. Peters has calculated its Debt Service Fund and General Fund property tax rates in accordance with the Missouri State Auditors Office instructions. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION NO. 1 – Tax Levy That there shall be levied and collected in the manner prescribed by law, the following taxes on Real Estate and Personal Property for the year 2019 of Seventy-Seven Cents per One Hundred Dollars of assessed valuation broken down as follows: City General Fund $ .5584 Debt Service Fund $ .2116 Total Assessed Rate $ .7700 SECTION NO. 2 – Delinquent Payment Penalty

(a) That there shall be collected on all delinquent real estate taxes, in addition to the amount of delinquent tax, a penalty in the sum of eighteen percent of each year’s delinquency, except that said penalty shall not exceed two percent per month, or fractional part thereof, or eighteen percent annually.

(b) That all lands and lots, on which said taxes are delinquent and unpaid, are subject to sale to discharge the lien for the delinquent and unpaid taxes, according to the practice and procedure set out in Chapter 140, R. S. Mo 1986 and subsequent revisions. SECTION NO. 3 – Delinquent Payment Penalty (a) That there shall be collected on all delinquent personal property taxes, in addition to the amount of delinquent tax, a penalty in the sum of eighteen percent of each year’s delinquency, except that said penalty shall not exceed two percent per month, or fractional part thereof, or eighteen percent annually.

(b) That in any suit brought by the City Collector to recover said delinquent taxes and penalties, a fee in the amount of ten percent of the taxes due, but in no event less than five dollars, shall be allowed the attorney for the Collector.

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SECTION NO. 4 – Tax Rate Ceiling The Board of Aldermen hereby determines and declares that the City General Fund tax rate ceiling under Sections 137.073(4), 137.073.6(1)(c), and 137.073.6(3) Revised Statutes of Missouri, as amended, to be $.5584 for each one hundred dollars assessed valuation. SECTION NO. 5 – EFFECTIVE DATE This Ordinance shall be in force and take effect from and after the date of its passage and approval. SECTION NO. 6. Savings Clause

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

SECTION NO. 7. Severability Clause


Read two times, passed and approved this 26th day of September, 2019.

____________________________________

Len Pagano, As Mayor and as Presiding Officer Attest:____________________________

Scott Baumgartner, Deputy City Clerk

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BILL NO. 19-133 I-05

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 ST. CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS FOR CONSTRUCTION OF A NEW RAMP, MO 370 INTERCHANGE RAMP AT SALT RIVER ROAD, PHASE I

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 construction of a new ramp for the MO 370 Interchange Ramp at Salt River Road, Phase I Project from St. Charles County Transportation Sales Tax funds. SECTION 2. Savings 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

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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 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 26th day of September, 2019.

Len Pagano, as Presiding Officer and as Mayor Attest: Scott Baumgartner, Deputy City Clerk

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EXHIBIT A

1

AGREEMENT BY AND BETWEEN ST. CHARLES COUNTY AND CITY OF ST PETERS FOR USE OF ST. CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS FOR CONSTRUCTION OF A NEW RAMP MO 370 INTERCHANGE RAMP AT SALT RIVER ROAD This agreement is entered into by St. Charles County, Missouri, hereinafter referred to as “County” and City of St 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 MO 370 Interchange Ramp at Salt River Road, Phase 1 (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 2020 of St. Charles County Transportation Sales Tax funds for improvements to the Project in an amount not to exceed $1,652,298.00 (“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 Salt River Road eastbound at Spencer Road to MO 370 westbound. 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 $3,304,748.00. The Municipality will be reimbursed from federal funds for 28.6% of actual costs, up to a maximum of $945,000.00. The remaining 71.4% will be shared by the Municipality and County based on the cost share outlined in the Municipality’s application. As outlined in the application, the County will reimburse the Municipality for 50% of the actual costs, up to a maximum of the County Contribution Amount. The Municipality will be responsible for 21.4% of actual costs and 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

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EXHIBIT A

2

and location of existing utilities); and • Cross Sections.

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.

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EXHIBIT A

3

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: 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.

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EXHIBIT A

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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 TEN: OTHER FUNDING Municipality acknowledges that it has been approved to receive federal funds for this project and, therefore, the standard conditions of this section do not apply.

SECTION ELEVEN: 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 TWELVE: PROJECT SCHEDULE Timely completion is an essential element of this contract; however, the standard liquidated damages provision shall not apply since federal funds have been secured. The Municipality agrees to adhere to time schedules set by East-West Gateway Council of Governments and to comply with all other applicable federal guidelines.

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EXHIBIT A

5

SECTION THIRTEEN: 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 FOURTEEN: 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 FIFTEEN: 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 SIXTEEN: 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 SEVENTEEN: 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

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

SECTION EIGHTEEN: 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 , 2019 Executed by the Municipality this day of , 2019 CITY OF ST 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. 19-134 I-06

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 ST. CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS FOR DESIGN OF A NEW RAMP, MO 370 INTERCHANGE RAMP AT SALT RIVER ROAD, PHASE 2 - DESIGN

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 design of a new ramp for the MO 370 Interchange Ramp at Salt River Road, Phase 2, from St. Charles County Transportation Sales Tax funds. SECTION 2. Savings Clause





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EXHIBIT “A”

1

AGREEMENT BY AND BETWEEN ST. CHARLES COUNTY AND CITY OF ST PETERS FOR USE OF ST. CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS FOR DESIGN OF NEW RAMP MO 370 INTERCHANGE RAMP AT SALT RIVER ROAD This agreement is entered into by St. Charles County, Missouri, hereinafter referred to as “County” and City of St 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 MO 370 Interchange Ramp at Salt River Road, Phase 2 - Design (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 2020 of St. Charles County Transportation Sales Tax funds for improvements to the Project in an amount not to exceed $800,000.00 (“County Contribution Amount”).

SECTION TWO: SERVICES AND CONTRIBUTION The Municipality will provide design services to reconstruct the Project from approximately MO 370 eastbound to Salt River Road westbound. 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 $1,000,000.00. 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.

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2

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.



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3

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 EIGHT: 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.

SECTION NINE: 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.

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EXHIBIT “A”

4

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 TEN: 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, 2021.

SECTION ELEVEN: 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 TWELVE: 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 THIRTEEN: 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.

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EXHIBIT “A”

5

SECTION FOURTEEN: 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 FIFTEEN: 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 SIXTEEN: 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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EXHIBIT “A”

6



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BILL NO. 19-135 I-07

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 ST. CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS FOR PROPOSED IMPROVEMENTS TO AN INTERSECTION, SPENCER ROAD AT PREMIER PARKWAY

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 intersection improvements for the Spencer Road at Premier Parkway Intersection Improvements Project from St. Charles County Transportation Sales Tax funds. SECTION 2. Savings Clause





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EXHIBIT “A”

1

AGREEMENT BY AND BETWEEN ST. CHARLES COUNTY AND CITY OF ST PETERS FOR USE OF ST. CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS FOR PROPOSED IMPROVEMENTS TO AN INTERSECTION SPENCER ROAD AT PREMIER PARKWAY This agreement is entered into by St. Charles County, Missouri, hereinafter referred to as “County” and City of St 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 Spencer Road at Premier Parkway Lane Additions (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 $429,016.00 (“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 Spencer Road at Premier Parkway. 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 $536,270.00. 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 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.

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EXHIBIT “A”

2



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 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.

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EXHIBIT “A”

3

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.

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 Nine Hundred Fifty ($950.00) per calendar day from any money due to the Municipality for work not completed by the date given above. The amount specified above is

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EXHIBIT “A”

4

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.

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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EXHIBIT “A”

5

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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EXHIBIT “A”

6



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BILL NO. 19-136 I-08

ORDINANCE NO._______________ AN ORDINANCE AMENDING ORDINANCE NO. 7002, ORDINANCE NO. 7145, AND ORDINANCE NO. 7197 PROVIDING FOR THE ADOPTION OF THE GENERAL FUND, DEBT SERVICE FUND, COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT FUND, COUNTY SEWER LATERAL REPAIR PROGRAM FUND, LOCAL PARKS AND STORM WATER FUND, SEWER LATERAL REPAIR PROGRAM FUND, SPECIAL ALLOCATION FUNDS, TRANSPORTATION TRUST FUND, WATER SERVICE LINE REPAIR PROGRAM FUND, 370 LAKESIDE PARK FUND, CENTRAL MATERIALS PROCESSING FACILITY FUND, GOLF AND BANQUET CENTER FUND, RECREATION FUND, SOLID WASTE FUND, AND WATER/SEWER FUND BUDGETS FOR THE CITY OF SAINT PETERS FOR FISCAL YEAR COMMENCING ON OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019.

WHEREAS, the City Administrator, acting as the Budget Officer for the City of Saint Peters, has prepared budgets for the General Fund, Debt Service Fund, Community Development Block Grant Subrecipient Fund, County Sewer Lateral Repair Program Fund, Local Parks And Storm Water Fund, Sewer Lateral Repair Program Fund, Special Allocation Funds, Transportation Trust Fund, Water Service Line Repair Program Fund, 370 Lakeside Park Fund, Central Materials Processing Facility Fund, Golf and Banquet Center Fund, Recreation Fund, Solid Waste Fund, and Water/Sewer Fund in accordance with the requirements of said funds of the City; and

WHEREAS, the department heads of the operating departments of the City have participated in the drafting of said budgets, and have agreed to the budgeted amount for the operation of their respective department; and

WHEREAS, the anticipated expenditures from each of the above funds do not exceed the anticipated revenues plus any unencumbered fund balance for the fiscal year.

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

OF SAINT PETERS, MISSOURI, AS FOLLOWS:

SECTION NO. 1 – Section 7 of Ordinance No. 7002 and Section 7 of Ordinance No. 7145 shall be amended to read as follows:

(a) That the budget for the Special Allocation Fund – Old Town Levee of the City prepared as presented for fiscal year 2019 including anticipated revenues, transfers from other funds and unencumbered fund balance of $5,184,230, anticipated expenditures and reserve transfers of $5,184,230, and an anticipated ending unencumbered fund balance of $0, be and is hereby adopted as the budget for the City of Saint Peters, Missouri.

(b) That the anticipated Special Allocation Fund – Old Town Levee expenses as specified in Section 1(a) of this Ordinance are hereby appropriated for expenditure as follows:

Other Expense $ 33,500 Surplus Distribution $ 3,519,130 Capital Improvement Projects $ 543,435 Reimburse Transportation Trust Fund $ (382,170) Reimburse Water/Sewer Fund $ 412,360

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Transfer to Closure Account for the Old Town Levee Redevelopment Area $ 1,057,975 TOTAL $ 5,184,230

SECTION NO. 2 – That the funds shall be expended in substantially the same manner as presented to the Board of Aldermen in the details of the 2018/19 Annual Budget, the original copy, and subsequent amendments, of which are on file this date in the office of the City Clerk, and incorporated herein by this reference. SECTION NO. 3 – That the Mayor and City Administrator are hereby authorized to expend these funds in accordance with the provisions of this Ordinance, subject to the provision of Ordinance No. 326, or as said Ordinance from time to time may be amended.

SECTION NO. 4 – This Ordinance shall be in full force and effect as of the date of its final passage and approval. SECTION NO. 5. Savings Clause – Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION NO. 6. Severability Clause – If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

Read two times, passed and approved this 26th day of September, 2019.

____________________________________

Len Pagano, As Presiding Officer and as Mayor

Attest:____________________________ Scott Baumgartner, Deputy City Clerk

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SPECIAL ALLOCATION FUND - OLD TOWN LEVEEFY'19 FY'19 BUDGET

BUDGET ADJUSTMENTS SEPTEMBER 26, 2019

BEGINNING FUND BALANCE 2,315,900$ -$ 2,315,900$

REVENUESProperty Tax - Real Estate Revenue 1,573,180 - 1,573,180 Sales and Franchise Tax 1,148,480 140,000 1,288,480 Other Revenue 6,670 - 6,670 TOTAL REVENUE 2,728,330 140,000 2,868,330

FUNDS AVAILABLE 5,044,230 140,000 5,184,230

EXPENDITURESSurplus Distribution 3,379,130 140,000 3,519,130 Capital Improvement Projects 543,435 - 543,435 Reimburse Water/Sewer Fund 412,360 - 412,360 Reimburse Transportation Trust Fund (382,170) - (382,170) Transfer to Closure Account for the Old Town Levee Redevelopment Area 1,057,975 - 1,057,975 Other Expense 33,500 - 33,500 TOTAL EXPENDITURES 5,044,230 140,000 5,184,230

TRANSFER (TO) FROM RESERVES FOR ANTICIPATED SURPLUS PILOTS - - -

TRANSFER (TO) FROM RESERVES - - -

ENDING FUND BALANCE -$ -$ -$

DETAIL OF ADJUSTMENTS:

REVENUESSales and Franchise Tax 140,000 Adjust to anticipated actualTOTAL REVENUE 140,000

EXPENDITURES:Surplus Distribution 140,000 Adjust to anticipated actual surplus distributionTOTAL EXPENDITURES 140,000

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BILL NO. 19-137 I-09

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE AN EASEMENT AGREEMENT GRANTING A PERMANENT UTILITY EASEMENT TO UNION ELECTRIC COMPANY D/B/A AMEREN MISSOURI

WHEREAS, it is in the best interest of the inhabitants of the City of St. Peters, Missouri, that electric service be provided to City residences and businesses; and

WHEREAS, Union Electric Company, a Missouri corporation, d/b/a/ Ameren Missouri, is the owner of certain electric lines that service certain areas within the City of St. Peters corporate limits; and

WHEREAS, development of Lot 3 in the Premier 370 Business Park necessitates the addition of new electric service lines; and

WHEREAS, the addition of new electric service lines for said development necessitates establishing a new permanent utility easement for said lines.

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

SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and is hereby authorized to negotiate, execute, and administer, on behalf of the City of St. Peters, an Easement agreement with Union Electric Company d/b/a Ameren Missouri, in substantially the form attached hereto and made a part hereof, for the addition of new electric service lines for development of Lot 3 in the Premier 370 Business Park.

SECTION 2. The City Clerk is hereby directed to cause said Easement agreement to be recorded in the office of the Recorder of Deeds of St. Charles County, Missouri.

SECTION 3. Savings Clause

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

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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 26th day of September, 2019. ____________________________________



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No.

BILL NO. 19-138 I-10

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A STORMWATER DETENTION BASIN EASEMENT AGREEMENT AND A STORMWATER DETENTION BASIN MANAGEMENT AGREEMENT WITH CANDLEWICK HOMEOWNERS ASSOCIATION FOR THE CANDLEWICK BASIN IMPROVEMENT PROJECT

WHEREAS, compliance with requirements of the City of St. Peters’ MS4 permit issued by the Missouri Department of Natural Resources necessitates certain improvements to storm water detention basins within the City; and

WHEREAS, construction of said improvements necessitates obtaining a storm water detention basin easement and a storm water detention basin management agreement from Candlewick Homeowners Association; and

WHEREAS, the City of St. Peters and said Candlewick Homeowners Association, desire to enter into a Stormwater Detention Basin Easement Agreement and a Stormwater Detention Basin Management Agreement for the Candlewick Basin Improvement Project. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

SECTION NO. 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to negotiate, execute, and administer, on behalf of said City, a Stormwater Detention Basin Easement Agreement and a Stormwater Detention Basin Management Agreement with Candlewick Homeowners Association, in substantially the forms attached hereto and made a part hereof, for the Candlewick Basin Improvement Project.

SECTION NO. 2. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval. SECTION NO. 3 Savings. Except as expressly set forth herein, nothing contained in this Ordinance shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in manner connected with the subject matter hereof.

SECTION NO. 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 be effective and each and every remaining provision hereof shall be valid and shall be enforced to

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No.

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 26th day of September, 2019. ____________________________________



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city of st. peters board of aldermen boa packet.pdf · road at premier parkway – benesek mr....

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