REVISED

CITY OF ST. PETERS BOARD OF ALDERMEN

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

August 8, 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. Junior Citizen Police Academy Graduation – Officer Melissa Doss

D. Approval of Minutes: The Board of Aldermen Work Session meeting of July 25, 2019; and the Regular Board of Aldermen meeting of July 25, 2019.

E. Reports of Officers, Boards and Commissions

1. Mayoral Report of Appointments to Boards and Commissions

a. Re-Appointment to the Board of Appeals

2. City Administrator’s Report:

a. Canine Community Engagement Plan – Kuppler

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

4. St. Peters Business Spotlight: None

F. Open Forum

1. Citizens Petitions and Comments

2. Communications from the Elected Officials

3. Announcements

G. Public Hearings:

1. Proposed Budget and Water and Sewer Rates for Fiscal Year 2020 – Gardner

H. Unfinished Business Items: None

I. New Business Items:

1. Bill No. 19-101: Bill of the City of St. Peters, Missouri, deleting Section 210.255 D. andSection 600.020 in their entirety; enacting, in lieu thereof, a new Section 210.255 D. andSection 600.020; and regulating offenses concerning property and regulating consumptionin certain places prohibited

2. Bill No. 19-102: Bill of the City of St. Peters, Missouri, amending various provisions ofChapter 205 of the City Code; providing regulation for domestic animal avocation; requiringpermits thereof; and other matter relating thereto (Sponsors: Violet & Reimer)

3. Bill No. 19-103: Bill authorizing the City Administrator of the City of St. Peters, Missouri, toenter into a Permanent Roadway Maintenance and Utility Easement Agreement and aPermanent Utility Easement Agreement with SM Properties Mid Rivers, L.L.C.

4. Bill No. 19-104: Bill pertaining to City elections and setting the filing dates, times and placefor the General Municipal Election to be held on April 7, 2020 in the City of St. Peters,Missouri

5. Bill No. 19-105: Bill providing for the Vacation of Utility Easements as granted on Tract 2of Grand Slam Golf and Learning Center, as recorded in Plat Book 35 Page 360 at the St.Charles County Recorder of Deeds

6. Bill No. 19-106: Bill authorizing the City Administrator of the City of St. Peters, Missouri toenter into a contract with Warren Sign Company, Inc. for the purchase and installation ofan entrance sign for the St. Peters Golf Club and Water’s Edge Banquet Center

7. Bill No. 19-107: Bill authorizing the City Administrator of the City of St. Peters, Missouri toexecute a contract change order with Duke Realty Limited Partnership and/or DukeConstruction Limited Partnership for the design and construction of the Spencer Road andPremier Parkway West Transportation Improvements Project

8. Bill No. 19-108: Bill authorizing the City Administrator of the City of St. Peters, Missouri tonegotiate and execute a Professional Engineering Services Agreement for the SpencerRoad Reconstruction Project

9. Bill No. 19-109: Bill authorizing the City Administrator of the City of St. Peters, Missouri toenter into an agreement acquiring a Permanent Fence Maintenance Easement to improvesight distance along Jungermann Road (Ray)

10. Bill No. 19-110: Bill of the City of St. Peters, Missouri, authorizing the City Administratorto enter into an Employment Agreement with Richard S. Struttmann as Chief of Police

11. Bill No. 19-111: Bill authorizing the City Administrator of the City of St. Peters, Missouri,to enter into a Permanent Utility Easement Agreement with St. Peters Pharmacy LLC

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: August 5, 2019 at 9:00 a.m. By: P. Smith, City Clerk

REVISED Agenda Posted at City Hall: August 7, 2019 at 3:00 p.m. By: P. Smith, City Clerk Added City Administrator Report Item E.2.a. by Kuppler

Next Regular Board of Aldermen Meeting: August 22, 2019

CITY OF ST. PETERS BOARD OF ALDERMEN WORK SESSION MINUTES July 25, 2019

The Work Session was called to order at approximately 4:30 p.m. on Thursday, July 25, 2019 at the St. Peters Justice Center located at 1020 Grand Teton Drive. Patty Smith, City Clerk, called the roll in the Aldermanic Conference Room. The following were present: Mayor Pagano; Board President Bateman; Alderman Barclay; Alderman Hollingsworth; Alderman Reimer; Alderman Reitmeyer; Alderman Townsend; Alderman Trupiano; Alderman Violet; Cathy Pratt, Staff Support Services Manager; Russ Batzel, City Administrator; and Patty Smith, City Clerk.

LEGISLATIVE UPDATE BY NIKKI STRONG IN ALDERMANIC CONFERENCE ROOM FROM 4:30 – 5:00 P.M.

Ms. Nikki Strong and Mr. Mark Bruns were present for the Legislative Update. Ms. Strong provided the following overall picture of how Strong Consulting Group LLC works for and with St. Peters elected officials. She described her and Mr. Bruns involvement with the Missouri Municipal League, specifically Lobbyist Shannon Hawk; other large cities in St. Charles County; and other St. Charles County Lobbyists. She described her group’s involvement in attending Committee hearings at the State Capitol, while at times, contracting with individuals who may sit in for her to gather information. She discussed their weekly summaries and in-depth reports to the Board of Aldermen; bill tracking for the City; and communications with City Administrator Batzel for his review and input.

Ms. Strong gave an overview of the State Capitol activities and 2019 End of Session Legislative Report; provided handouts with information on bills which impacted the City/cities; discussed the ideology of the Constitutional Conservative Caucus and their own list of priorities at the Capitol, and she explained how to work with them.

Ms. Strong recommended holding several meetings between now and December with State Senator Eigel; and State Representatives Christophanelli and Wiemann, using constructive conversations and keeping open communications on what the City wants to accomplish. She described a Special Interim Committee on Oversight of Local Taxation, needing to be kept watch; and discussed the 4 bills vetoed by Governor Parsons. She reviewed the list of bills in her handout, and also briefly discussed bills which may resurface at the next legislative session.

Questions were addressed and comments were made regarding legislation slipped in last minute and passed, which will have a negative impact on cities, particularly HB 192 and the preceding 2018 SB 870. Cities should impact their state legislators to change these undesirable bills. Concerns on the process and how legislation slips into a bill last minute was addressed, discussing a strong desire to have this process changed. It was recommended that Ms. Strong keep watch, particularly for any bills affecting 4th class cities.

City of St. Peters: Board of Aldermen Work Session Minutes July 25, 2019 Page 2 of 6

Upon conclusion of the Legislative Update by Ms. Strong and Mr. Bruns, Alderman Barclay moved and Alderman Violet seconded the motion to continue the Work Session meeting in the Aldermanic Chambers. All in favor, the motion was approved and the meeting moved to the Aldermanic Chambers where Board President Bateman announced that the Work Session was previously called to order at 4:30 p.m. in the Aldermanic Conference Room with a Legislative update by Lobbyist Nikki Strong; and that we will now resume the Work Session with Communications from Board Members/Aldermanic Representatives. The following individuals joined the meeting at this time: Burt Benesek, Transportation and Development Services Manager; Jeff Hutsler, Parks and Golf Services Manager; Dave Kuppler, Health and Environmental Services Manager; Bill Malach, Water Environment Services Manager; Rick Oloteo, Recreation and Cultural Services Manager; Jeff Finkelstein, Chief of Police; and Randy Weber, Special Counsel. COMMUNICATIONS FROM BOARD MEMBERS/ALDERMANIC REPRESENTATIVES Committee reports were given during this time. BOA ITEMS FOR DISCUSSION UNFINISHED BUSINESS ITEMS: Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to remove Discussion/Pet Avocation Permit Code Amendment from the agenda for discussion. The motion was approved. DISCUSSION/PET AVOCATION PERMIT CODE AMENDMENT – VIOLET/REIMER (CONTINUED FROM 6-27-19) Alderman Violet recounted the discussion from the June 27, 2019 Board of Aldermen Work Session meeting to regarding the pet avocation permit program. Several changes to the draft language of the pet avocation permit were discussed and the Board agreed to continue the discussion from June 27, 2019 to include these changes. Claire Toledo, Health Supervisor, gave a slideshow presentation on the ordinance conditions to allow good standing pet owners the option to apply for an annual Pet Avocation Permit to allow five pet units per residence. She reviewed the permit process based on recommendations from the previous Work Session meeting. This permit would require the resident to: have no animal code violations within the past year, no dangerous dogs, allow only for single family residential, submit application with non-refundable $125 fee, provide proof that homeowners within 75-feet of property line have been notified of additional animals, provide signatures with 75% approval from property occupants within 75-feet of property line, and satisfactory inspection of home and property by Animal Control Officer. This inspection checks sanitary conditions, and that the pets are primarily kept indoors, without the use of doggie doors.

City of St. Peters: Board of Aldermen Work Session Minutes July 25, 2019 Page 3 of 6

Concerns were expressed and questions addressed regarding neighbor/homeowner and occupant notifications with checks and balances; possible notification to homeowner associations; clarification on the definition of a dangerous dog, and a 6 month review/report. Special Counsel Weber addressed the question concerning subdivision covenant restrictions and he confirmed that subdivision covenant restrictions take precedence over City restrictions. He also commented that during previous staff review, it was discussed that the avocation permit not be automatically renewed, which could avoid a lengthy revocation process. Ms. Toledo explained the permit renewal process is for one year from date of issuance and person must apply for another permit when existing permit expires. There is no guarantee of permit renewal. A $100 non-refundable renewal application fee is required. Applicant will not be required to perform another notification to owners at renewal or obtain another 75% approval of property occupants. Ms. Toledo stated that permits can be revoked at any time for non-compliance, and explained an appeal process for permit revocations, which includes submitting request for hearing no later than five (5) days after notice; the hearing shall be held no later than 30-days of request; and the hearing will be presented before the City Administrator who shall make the final decision. Alderman Bateman expressed concerns, from a realtor’s standpoint, about not notifying owners/occupants at permit renewal, should a new occupant move into an address within the 75 feet radius; and suggested some sort of disclosure to new homeowners or occupants. Mr. Kuppler clarified and discussed the changes addressed this evening. The Board of Aldermen also agreed that a six month review by staff and report back to them was recommended. Alderman Hollingsworth moved and Alderman Violet seconded the motion to place this item on the August 8, 2019 Work Session and Board of Aldermen meeting agendas. The motion was approved. This item will be placed on the August 8, 2019 Work Session and Board of Aldermen meeting agendas for consideration. MAYOR/CITY ADMINISTRATOR ITEM UNFINISHED BUSINESS ITEMS: Alderman Bateman moved and Alderman Hollingsworth seconded the motion to remove City Code Amendment/Chapter 600 Alcoholic Beverages from the agenda for discussion. The motion was approved. CITY CODE AMENDMENT/CHAPTER 600 ALCOHOLIC BEVERAGES – PRATT (CONTINUED FROM 6-27-19) Ms. Pratt recounted the previous discussion from the June 27, 2019 Board of Aldermen meeting on the proposed amendment to City Code Chapter 600.020, Consumption in Certain Places Prohibited, to allow consumption of intoxicating liquor on or in business parking lots during a temporary event in the C-4 District; which is the Mid Rivers Mall property. The previous conversation brought awareness to the staff that there are other events that are occurring on business parking lots which the City may want to allow.

City of St. Peters: Board of Aldermen Work Session Minutes July 25, 2019 Page 4 of 6

Ms. Pratt stated that Group Managers discussed and support eliminating the prohibition of consumption of alcohol in all business parking lots, not just C-4 district, only when valid temporary licenses and permits have been issued for temporary events. However, this amendment would not allow random tailgating in City parks/parking lots, and a code amendment would address this concern. Alderman Hollingsworth suggested that the police department be notified when events will occur. Ms. Pratt addressed Aldermen inquiries, and clarified the proposed amendment. Alderman Hollingsworth moved and Alderman Reimer seconded the motion to place this item on the August 8, 2019 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the August 8, 2019 Board of Aldermen meeting agendas for consideration. NEW BUSINESS ITEMS: Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to remove Golf Club & Water’s Edge Entrance Sign Recommendation from the agenda for discussion. The motion was approved. GOLF CLUB & WATER’S EDGE ENTRANCE SIGN RECOMMENDATION – BENESEK Mr. Benesek displayed the proposed rendering of the sign and stated on July 10, 2019, four (4) bids were received for the St. Peters Golf Club & Water’s Edge Entrance Sign Design-Build Project. Staff recommended awarding the low, responsive and responsible bid to Warren Sign Company, Inc. for $99,676.00; which was 2.8% lower than the second lowest bid received. This project is funded by the proceeds from the sale of Proposition Q bonds for the Golf Clubhouse and Banquet Center. No further comments or questions from the Board of Aldermen. Alderman Hollingsworth moved and Alderman Reimer seconded the motion to place this item on the August 8, 2019 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the August 8, 2019 Board of Aldermen meeting agenda for consideration. Alderman Townsend moved and Alderman Barclay seconded the motion to remove Spencer Road/Premier Parkway Intersection Change Order Recommendation from the agenda for discussion. The motion was approved. SPENCER ROAD/PREMIER PARKWAY INTERSECTION CHANGE ORDER RECOMMENDATION – BENESEK Mr. Benesek presented a change order request for the intersection of Spencer Road and Premier Parkway. An aerial photo was displayed of the Premier 370 Business Park Transportation Improvements. This change order accounts for expanding the scope of the design/build project per the recommendations of an access justification study performed on the Salt River Road and Route 370 interchange. Approval of this change order will authorize a $536,270 increase to the original contract of $512,300. The proposed change order has been recommended for 80% reimbursement by the St. Charles County Road Board. No comments or questions from the Board of Aldermen. Alderman Bateman moved and Alderman Reitmeyer seconded the motion to place this item on the August 8, 2019 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the August 8, 2019 Board of Aldermen meeting agenda for consideration.

City of St. Peters: Board of Aldermen Work Session Minutes July 25, 2019 Page 5 of 6

Alderman Hollingsworth moved and Alderman Reimer seconded the motion to remove Spencer Road Reconstruction Consultant Recommendation from the agenda for discussion. The motion was approved. SPENCER ROAD RECONSTRUCTION CONSULTANT RECOMMENDATION – BENESEK Mr. Benesek stated on June 11, 2019, staff received five (5) bids from engineering consulting firms for the Spencer Road Reconstruction and Safety Improvements Project. Mr. Benesek gave a slideshow overview of the project location for the reconstruction of Spencer Road, from Willott Road to Springwood Drive. This reconstruction will include full pavement and sidewalk replacement, pedestrian crossings, traffic flow and control vehicle speed. Approval of this recommendation will authorize the negotiation of an engineering services agreement valued at up to $152,000.00. Staff is recommending executing an engineering services agreement with Lochmueller Group. This project is funded as part of the Transportation Trust Fund. No comments or questions from the Board of Aldermen. Alderman Hollingsworth moved and Alderman Reimer seconded the motion to place this item on the August 8, 2019 Board of Aldermen meeting agenda. The motion was approved. This item will be placed on the August 8, 2019 Board of Aldermen meeting agenda for consideration. Alderman Reitmeyer moved and Alderman Barclay 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 July 25, 2019. Alderman Hollingsworth moved and Alderman Reitmeyer 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 July 25, 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 Ms. Pratt reminded the Board of Aldermen that Business Item I-08 on tonight’s Board of Aldermen agenda is the resolution of official intent of the City of St. Peters, Missouri, toward the issuance of industrial revenue bonds to finance the Medline project. Medline is going to construct an 800,000 plus square foot building and bring over 150 jobs, a 47.5 million dollar investment to the City of St. Peters. Mr. Batzel added that this business would also benefit from the earlier discussed Premier 370 Business Park Transportation Improvements. No further comments or questions from the Board of Aldermen. BOARD MEETING AGENDA ITEM REVISIONS – BATZEL None

City of St. Peters: Board of Aldermen Work Session Minutes July 25, 2019 Page 6 of 6

EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION 610.021 (1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6) No Executive Session was called at this time. ADJOURNMENT OF THE WORK SESSION Alderman Hollingsworth moved and Alderman Barclay seconded the motion to adjourn the Work Session meeting. The motion was approved and the Work Session meeting was adjourned at approximately 6:07 p.m. Submitted by, Patricia E. Smith City Clerk

CITY OF ST. PETERS CITY HALL BOARD OF ALDERMEN REGULAR MEETING MINUTES JULY 25, 2019

CALL TO ORDER Mayor Pagano called the Board of Aldermen meeting to order at approximately 6:30 p.m. on July 25, 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 Hollingsworth; Alderman Reimer; Alderman Reitmeyer; Alderman Townsend; Alderman Trupiano; Alderman Violet; Special Counsel Weber; Chief Finkelstein; City Administrator Batzel; and City Clerk Smith. Steve Koeneman delivered the Invocation. Scouts Madelynn Dickson, Kellie Marshall, and Owen Tarter led the Pledge of Allegiance. RECOGNITION: GIRL SCOUT GOLD AWARDS, MADELYNN DICKSON OF WARD 1, KELLIE MARSHALL OF WARD 2 Aldermen Townsend and Reitmeyer recognized Madelynn (Maddi) Dickson (Ward 1) from Girl Scout Troop 4878 and graduate from Fort Zumwalt South for earning the Girl Scout Gold Award by designing and planting four plant beds and bird houses from donated materials for an outdoor classroom at her school. Aldermen Townsend, Hollingsworth, and Bateman presented Kellie Marshall (Ward 2) from Girl Scout Troop 2896, and graduate of Fort Zumwalt East, with a recognition for receiving the Girl Scout Gold Award for making fleece blankets from donations for children at St. Louis Children’s Hospital. RECOGNITION: RANDOM ACTS OF KINDNESS, DOUG WILLIAMS OF WARD 3 AND LAURA & MARC BARMEIER OF WARD 2 Aldermen Bateman and Hollingsworth presented Laura and Marc Barmeier (Ward 2) with the Random Act of Kindness recognition for going out of their way to help neighbors in need; including snow shoveling, cutting grass, and getting medicine or groceries for those in need. Aldermen Violet and Reimer presented Doug Williams (Ward 3) with the Random Act of Kindness recognition for helping elderly neighbors with snow removal and other maintenance needs. Mr. Williams introduced his family in attendance along with the neighbors that nominated him. RECOGNITION: OUTSTANDING CITIZENSHIP AWARD, KEVIN SHEEHAN OF WARD 4 Aldermen Trupiano and Barclay presented Kevin Sheehan (Ward 4) with the Outstanding Citizenship Award in recognition of his years of service as a subdivision trustee. APPROVAL OF MINUTES: THE BOARD OF ALDERMEN WORK SESSION MEETING OF JUNE 27, 2019 AND THE REGULAR BOARD OF ALDERMEN MEETING OF JUNE 27, 2019

Board of Aldermen Minutes: City of St. Peters July 25, 2019 Page 2 of 6 Alderman Reimer moved and Alderman Townsend seconded the motion to approve the Board of Aldermen Work Session meeting minutes of June 27, 2019 and the Regular Board of Aldermen meeting minutes of June 27, 2019. All in favor, the motion carried and the minutes were approved. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MAYORAL REPORT OF APPOINTMENTS TO BOARDS AND COMMISSIONS APPOINTMENTS AND RE-APPOINTMENTS TO THE ST. PETERS GREEN TEAM Alderman Townsend read the re-appointments of the following individuals as members to the St. Peters Green Team: Leo Tevlin, 428 Lantana Lane, St. Peters (Ward 1); Madaline Barteau, 10 Terrestrial Hill, St. Peters (Ward 4); Stacey Thomas, 1440 Heritage Landing, #304, St. Charles, 63304; Gabriele Schwartz, 33 River Boat Drive, St. Peters (Ward 3); Melvin Coffell, 44 Connemara, St. Peters (Ward 1); and the following individual for appointment as member to the St. Peters Green Team: Mark Krebs, 21 Devondale Court, St. Peters (Ward 2) all for the term effective August 1, 2019 and expiring July 31, 2021. Alderman Barclay moved and Alderman Reimer seconded the motion to approve the appointment. All in favor, the motion carried and the appointment was 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 None COMMUNICATIONS FROM THE ELECTED OFFICIALS Elected Officials made comments during this time. Mayor Pagano recognized Special Counsel John Young for being elected as President of the Missouri Municipal Attorneys Association for the coming year. Mayor stated this is the first time someone from St. Charles County has been elected to this position. ANNOUNCEMENTS Alderman Hollingsworth left the meeting in progress at approximately 7:23 p.m. PUBLIC HEARINGS

Board of Aldermen Minutes: City of St. Peters July 25, 2019 Page 3 of 6 None UNFINISHED BUSINESS ITEMS None NEW BUSINESS ITEMS MOTION/APPROVED: BILL NO. 19-94: ORDINANCE NO. 7166: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ISSUE PURCHASE ORDERS WITH THE SALT CO-OP PROGRAM ADMINISTERED THROUGH THE CITY OF CHESTERFIELD FOR THE PROCUREMENT OF ROADWAY DE-ICING SALT AND BEELMAN LOGISTICS, LLC, FOR OFF-LOADING AND DELIVERY OF SALT FOR THE CITY’S SNOW AND ICE CONTROL OPERATIONS 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. 19-94 for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Bateman moved and Alderman Violet seconded the motion to read the Bill for the second time. The motion carried and Alderman Reimer read the Bill. Alderman Barclay moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 19-94 passed becoming Ordinance No. 7166. 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. 19-95: ORDINANCE NO. 7167: AN ORDINANCE DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO A CONTRACT WITH WIESE USA INCORPORATED FOR THE PURCHASE OF A SPOTTING TRUCK Alderman Violet moved and Alderman Reimer seconded the motion to introduce the Bill. The motion carried. Alderman Violet moved and Alderman Reimer seconded the motion to read Bill No. 19-95 for the first time. The motion carried and Alderman Barclay 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 Bateman read the Bill. Alderman Reitmeyer moved and Alderman Reimer seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 19-95 passed becoming Ordinance No. 7167. 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. 19-96: ORDINANCE NO. 7168: AN ORDINANCE APPROVING A RECORD PLAT WITHIN THE CITY OF ST. PETERS, MISSOURI, FOR THE PURPOSE OF RECORDING IN ST. CHARLES COUNTY, MISSOURI (HORIZON BUSINESS CENTER PLAT FIVE)

Board of Aldermen Minutes: City of St. Peters July 25, 2019 Page 4 of 6 Alderman Bateman moved and Alderman Reimer seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Reimer seconded the motion to read Bill No. 19-96 for the first time. The motion carried and Alderman Townsend read the Bill. Alderman Townsend moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Violet read the Bill. Alderman Reitmeyer moved and Alderman Reimer seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 19-96 passed becoming Ordinance No. 7168. 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. 19-97: ORDINANCE NO. 7169: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE AMENDMENT NO. 2 TO AGREEMENT FOR ENGINEERING SERVICES WITH BARR ENGINEERING COMPANY TO PROVIDE ADDITIONAL PROFESSIONAL SERVICES FOR THE SUN RIVER VILLAGE/MCCLAY MEADOWS STORMWATER IMPROVEMENT PROJECT - P-21 Alderman Violet moved and Alderman Reimer seconded the motion to introduce the Bill. The motion carried. Alderman Violet moved and Alderman Reimer seconded the motion to read Bill No. 19-97 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 Townsend moved and Alderman Barclay seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 19-97 passed becoming Ordinance No. 7169. 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. 19-98: ORDINANCE NO. 7170: AN ORDINANCE ACCEPTING FOR MAINTENANCE THE DEDICATION OF CERTAIN WATER DISTRIBUTION LINES LOCATED WITHIN AND CONNECTED WITH 1001 PREMIER PARKWAY 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. 19-98 for the first time. The motion carried and Alderman Reimer read the Bill. Alderman Reimer moved and Alderman Barclay seconded the motion to read the Bill for the second time. The motion carried and Alderman Barclay read the Bill. Alderman Violet moved and Alderman Townsend seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 19-98 passed becoming Ordinance No. 7170. 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. 19-99: ORDINANCE NO. 7171: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO AN

Board of Aldermen Minutes: City of St. Peters July 25, 2019 Page 5 of 6 AGREEMENT WITH 501 PARTNERSHIP FOR A PERMANENT SANITARY SEWER LINE EASEMENT FOR DEVELOPMENT OF ADJUSTED LOT 1A-2 OF ST. PETERS CORPORATE CENTRE 3 Alderman Barclay moved and Alderman Townsend seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Townsend seconded the motion to read Bill No. 19-99 for the first time. The motion carried and Alderman Bateman 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 Townsend read the Bill. Alderman Violet moved and Alderman Bateman seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 19-99 passed becoming Ordinance No. 7171. 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. 19-100: ORDINANCE NO. 7172: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO AN AGREEMENT WITH SAINT DEVELOPMENT INC. FOR A PERMANENT SANITARY SEWER LINE EASEMENT FOR DEVELOPMENT OF ADJUSTED LOT 1A-2 OF ST. PETERS CORPORATE CENTRE 3 Alderman Townsend moved and Alderman Reimer seconded the motion to introduce the Bill. The motion carried. Alderman Townsend moved and Alderman Reimer seconded the motion to read Bill No. 19-100 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 Violet moved and Alderman Townsend seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 19-100 passed becoming Ordinance No. 7172. 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/ADOPTED: RESOLUTION NO. 1576: A RESOLUTION OF OFFICIAL INTENT OF THE CITY OF ST. PETERS, MISSOURI, TOWARD THE ISSUANCE OF INDUSTRIAL REVENUE BONDS TO FINANCE AN INDUSTRIAL DEVELOPMENT PROJECT AND AUTHORIZING CERTAIN ACTIONS RELATING THERETO Alderman Reitmeyer moved and Alderman Reimer seconded the motion to introduce the Resolution. The motion carried. Alderman Reitmeyer moved and Alderman Reimer seconded the motion to read the Resolution for the first time. The motion carried and Alderman Reitmeyer read the Resolution. Alderman Townsend moved and Alderman Violet seconded the motion to put the Resolution to a final vote. The motion was approved and Resolution No. 1576 was adopted. 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 July 25, 2019 Page 6 of 6 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 Violet moved and Alderman Townsend seconded the motion to adjourn the Regular Board of Aldermen meeting. Motion approved and the Regular Board of Aldermen meeting adjourned at approximately 7:48 p.m. Respectfully submitted, Patricia E. Smith City Clerk

E-01a

APPLICATION

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

G-01 Notice of Public Hearing The St. Peters Board of Aldermen will hold a public hearing at 6:30 p.m., August 8, 2019, at the St. Peters Justice Center, 1020 Grand Teton Drive, Saint Peters, MO 63376, for the purpose of citizen input on the proposed budget for Fiscal Year 2020 and proposed Water/Sewer rates for Fiscal Year 2020. Handicapped persons needing assistance or aid should contact the Citizens Action Center before the meeting by calling (636) 477-6600, Ext. 1265.

BILL NO. 19-101 I-01

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF ST. PETERS, MISSOURI, DELETING SECTION 210.255 D. AND SECTION 600.020 IN THEIR ENTIRETY; ENACTING, IN LIEU THEREOF, A NEW SECTION 210.255 D. AND SECTION 600.020; AND REGULATING OFFENSES CONCERNING PROPERTY AND REGULATING CONSUMPTION IN CERTAIN PLACES PROHIBITED

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

SECTION NO. 1. That Section 210.255 D. of the St. Peters City Code be and is hereby amended by deleting it in its entirety, and enacting, in lieu thereof, a new section 210.255 D., to read as follows:

SECTION 210.255 D. Consumption Or Possession Of Alcoholic Beverages Prohibited. No patron or other person on a parking lot and areas for ingress or egress of a business or city property, whether in or out of an automobile, shall drink from or possess any open bottle, can or other receptacle containing an alcoholic beverage unless the consumption of alcoholic beverages is at an organized event at which alcoholic beverages will be served and/or consumed in a designated area, and where a valid temporary liquor license and/or all other valid and appropriate temporary licenses and permits have been issued in conjunction with the special event. SECTION NO. 2. That Section 600.020 of the St. Peters City Code be and is hereby

amended by deleting it in its entirety, and enacting, in lieu thereof, a new section 600.020, to read as follows:

SECTION 600.020 Consumption in Certain Places Prohibited. It shall be unlawful for any person to consume intoxicating liquor upon any public street,

sidewalk, alley, or on any city parking lot or business parking lot generally open to the public, unless the consumption of intoxicating liquor is at an organized event at which alcoholic beverages will be served and/or consumed in a designated area, and where a valid temporary liquor license and/or all other valid and appropriate temporary licenses and permits have been issued in conjunction with the special event. This Section shall not apply to the consumption of any intoxicating liquor consumed in a designated area of an establishment that is licensed to sell intoxicating liquor by the drink.

SECTION NO. 3. Effective Date. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval. SECTION NO. 4. Savings. Except as expressly set forth herein, nothing contained in this Ordinance shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in manner connected with the subject matter hereof. SECTION NO. 5. Severability. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer valid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. Read two times, passed, and approved this 8th day of August, 2019. Len Pagano, As Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

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BILL NO. 19-102 I-02

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF ST. PETERS, MISSOURI, AMENDING VARIOUS PROVISIONS OF CHAPTER 205 OF THE CITY CODE; PROVIDING REGULATION FOR DOMESTIC ANIMAL AVOCATION; REQUIRING PERMITS THEREOF; AND OTHER MATTER RELATING THERETO

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

SECTION NO. 1. That Subsection (A) of Section 205.010 of the St. Peters City Code be and is hereby amended adding thereto the following defined terms:

Section 205.010 Definitions DOMESTIC ANIMAL AVOCATION – The care or keeping of dogs and/or cats by an adult person who maintains more than three (3) but not more than five (5) pet units in a residentially zoned area. OCCUPANT - A lessee, tenant or land owner who lives on the premises and is 18 years of age or older.

SECTION NO. 2. That Section 205.070 of the St. Peters City Code be and is hereby

amended by deleting it in its entirety, and enacting, in lieu thereof, a new Section 205.070, to read as follows:

Section 205.070 Number Of Animals Allowed Per Residence.

A. No residential structure or lot shall house or contain more than three (3) pet units as hereinafter defined. A dog, cat, potbellied pig or rabbit shall constitute one (1) pet unit. Five (5) chinchillas, guinea pigs or other rodents over the age of three (3) months, or any combination thereof, shall constitute one (1) pet unit. Five (5) hamsters, mice or other small rodent-related mammals over the age of three (3) months shall constitute one (1) pet unit. The Health Director may under an emergency circumstance permit an additional two (2) pet units per residential structure or lot for a period not to exceed sixty (60) days.

B. In addition to the three (3) permitted pet units, a residential structure or lot may contain two (2) additional pets that are being fostered. To be recognized as a fostered pet the animal must be obtained from an animal shelter registered by the Missouri Department of Agriculture through the Animal Care Facilities Act.

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C. A litter of puppies or a litter of kittens are exempted from the pet limit calculation until the pets reach the age of four (4) months. Only one (1) litter of either puppies or kittens is exempted from the pet limit calculation at any time.

D. Notwithstanding the foregoing, a person that has been issued a Domestic Animal Avocation Permit pursuant to Section 205.105 of this Code, and has no violations of this Chapter, shall be permitted to harbor or keep: 1. No more than five (5) pet units, including pets that are being fostered, in any

dwelling or on any lot zoned for a single-family residential use consistent with the requirements of Chapter 405 of this Code; provided, however;

2. No more than three (3) of the five (5) pet units allowed pursuant to this subsection shall consist of Domestic Others.

SECTION NO. 3. That Article II of Chapter 205 of the St. Peters City Code be and is

hereby amended by enacting a new Section 205.105, to read as follows:

Section 205.105. Domestic Animal Avocation Permit A. A person may obtain a Domestic Animal Avocation Permit, for a single-family

dwelling on a lot zoned for single-family residential use pursuant to Chapter 405 of this Code, subject to the following: 1. The person seeking the permit (the “applicant”) must complete and submit to

the Health Department, on the form provided by the Health Director, an application for a Domestic Animal Avocation Permit, which application shall contain or be submitted concurrently with the following information:

a. The name, home address and telephone number of the applicant; b. The address of the real property at which the pet units are proposed to

be kept or harbored consistent with this Section and Section 205.070(D) of this code;

c. A list of the names and addresses of all property owners within seventy-five (75) feet of the applicant’s property line;

d. A description of the species, breed, weight and age of each and every domestic animal or domestic other to be kept or harbored on the property described in the application; and

e. A copy of the letter sent pursuant to subparagraph 5 of Subsection (A)(1) of this Section and Certified Mail Receipts for each letter.

Applications must be accompanied with a one-hundred and twenty-five dollar ($125), non-refundable application fee. Upon receipt of the application, Animal Control will review the application and complete a records search for any history of complaints regarding Animal Control ordinance violations. An Animal Control Officer will confirm that all vaccinations are current and conduct an inspection of the dwelling prior to the issuance of the permit.

2. The applicant must at all times remain compliant with the provisions of this Chapter, including, but not limited to the provisions of Section 205.070(D).

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3. No person shall be permitted to keep or harbor any dangerous animal in a dwelling or on a lot subject to a permit issued pursuant to this Section.

4. The applicant must reside in the dwelling subject to the application. 5. The applicant shall mail to all owners of real property located within an area

determined by lines drawn parallel to and seventy-five (75) feet distant from the boundaries of the property subject to the application, by United States certified mail return receipt requested, informing them of the applicant’s intent to obtain a Domestic Animal Avocation Permit. If applicant is a tenant or lessee of the property subject to the permit, a copy of the letter must also be provided to the owner of the property subject to the application.

6. No permit shall be issued unless a document or documents expressing approval of the issuance of the permit is duly signed by at least seventy-five percent (75%) percent of the occupants of property located within an area determined by lines drawn parallel to and seventy-five (75) feet distant from the boundaries of the property subject to the application and submitted to the Health Department.

7. The applicant must submit to inspection of the property subject to the application and any animals located thereon by a City Health Official. An inspection may occur more than once per year or as the result of a complaint. Failure to consent to reasonable inspections shall be cause for revocation of a permit issued pursuant to this Section.

8. All animals in the dwelling must be primarily kept indoors and shall not be kept in a way that would constitute a public nuisance.

9. Means of access to the home at the animal’s discretion, including, but not necessarily limited to, doggy doors, are prohibited.

B. Non-Compliance Of Domestic Animal Avocation Permit. Any applicant not complying with the restrictions and criteria herein specified shall be subject to revocation of said permit.

C. Renewal Of Domestic Animal Avocation Permit. Permits issued pursuant to this Section are valid for a period of one (1) year, subject to revocation. Applicants for renewal must submit an application required in subsection (A)(1) of this Section and are subject to review and inspection of the property subject to the application; provided, however, the application fee for the renewal of a permit shall be a non-refundable fee of one hundred dollars ($100). Applications for renewal of a permit must be submitted to the Health Department no later than thirty (30) days prior to the expiration of any permit, or renewal thereof.

SECTION NO. 4. That Article II of Chapter 205 of the St. Peters City Code be and is hereby amended by enacting a new Section 205.115, to read as follows:

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205.115 Permit Revocation, Denial And Hearing Process – Domestic Animal Avocation Permit

A. The City of St. Peters Health Department may revoke the permit of any person who refuses or fails to comply with any provision of this Chapter, the regulations promulgated by the City, or any state or federal law governing the protection or keeping of domestic animals.

B. Any permit denied or revoked pursuant to this Chapter shall be subject to appeal consistent with the procedures set forth in Section 605.025 of the City Code.

SECTION NO. 5. Effective Date. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval. SECTION NO. 6. 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. 7. Severability. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

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

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Read two times, passed, and approved this 8th day of August, 2019. Len Pagano, As Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

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No.

BILL NO. 19-103 I-03

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO A PERMANENT ROADWAY MAINTENANCE AND UTILITY EASEMENT AGREEMENT AND A PERMANENT UTILITY EASEMENT AGREEMENT WITH SM PROPERTIES MID RIVERS, L.L.C.

WHEREAS, it is in the best interest of the inhabitants of the City of St. Peters, Missouri, that said City promote new development within its corporate limits; and WHEREAS, to facilitate access and to provide utilities to a proposed new development within the City necessitates the acquisition of easements from SM Properties Mid River, L.L.C. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

SECTION 1. The City does hereby accept and agrees to a permanent roadway maintenance and utility easement, by Permanent Roadway Maintenance and Utility Easement Agreement, and to two permanent utility easements, by Permanent Utility Easement Agreement, in substantially the forms attached hereto and made a part hereof, and the City Administrator of the City of St. Peters, Missouri, be and is hereby authorized to execute on behalf of the City of St. Peters, Missouri, said Permanent Roadway Maintenance and Utility Easement Agreement and Permanent Utility Easement Agreement with SM Properties Mid Rivers, L.L.C. SECTION 2. The City Clerk is hereby directed to cause said Permanent Roadway Maintenance and Utility Easement Agreement and said Permanent Utility 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

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No.

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 8th day of August, 2019.

Len Pagano, as Presiding Officer and as Mayor

Attest: Patricia E. Smith, City Clerk DRAFT

Permanent Roadway IVlaintenance and Utility Easement Agreement

THIS INSTRUMENT is made this_ day of_, 2019,by and between SM Properties Mid Rivers, L.L.C., a Missouri limited liability company, whose

mailing address is 25 North Brentwood Blvd, St Louis, Missouri 63105, hereinafter GRANTOR,

and the City of St. Peters, Missouri, a municipal corporation, hereinafter GRANTEE, whose

address is #1 St. Peters Centre Boulevard, St. Peters, Missouri 63376.

Witnesseth, that the said GRANTOR, for and in consideration of the sum of $1.00 andother good and valuable consideration paid by the said GRANTEE, the receipt and sufficiency ofwhich is hereby acknowledged, does by these presents Grant unto the said GRANTEE subject tothe terms and conditions hereof,

A Perpetual, Non-Exclusive Easement, for the purpose of utilities and vehicular andpedestrian use by the general public, constructing, re-constmcting, using, operating, maintaining,and adding to the number of, and patrolling, roadway and sidewalk, traffic, and utility systems in,on, upon, along, over, under, through and across the real estate more particularly described onExhibits "A" and "B", attached hereto and incorporated by reference herein, (the "Easement

Area"). The GRANTEE shall have the right to survey, stake, slope, alter the existing grade of,reshape, construct, reconstruct, place, keep, operate, maintain, inspect, control, add to and relocate

at will, at any time, said roadway and sidewalk, traffic, and utility systems, lines, or cables andother appurtenances associated therewith, including, without limitation, the right of ingress andegress to and over the above described Easement Area and such portion of GRANTOR'S premisesadjoining the same as reasonably necessary, for all purposes herein stated; together with the right atany time and from time to time, to trim and cut down any and all brush, saplings, trees andoverhanging branches, and remove same and/or any rocks or other obstructions upon, over, and

under said Easement Area or any portion thereof or of said systems by any other person,association or corporation for the purposes hereinabove set out, and with the further right at anytime and from time to time, to remove any or all of the said systems and appurtenances theretolocated upon, over across and under said Easement Area by virtue hereof. GRANTEE covenantsand agrees that after any construction or repair work done on and to the Easement Area herein

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granted, that it will restore the Easement Area and any portion of GRANTOR'S premises damagedor disturbed by GRANTEE to its prior condition.

Prior to engaging in any activities on the Easement Area, GRANTEE agrees to obtain allnecessary approvals from any governmental authorities with jurisdiction over the Easement AreaGRANTEE agrees to construct any improvements in the Easement Area: (i) at GRANTEE'Ssole cost and expense, (ii) in a good and workmanlike manner, (iii) in accordance with the plansand specifications approved by any governmental authorities with jurisdiction over the EasementArea, (iv) in accordance the with all laws, ordinances, codes and regulations of governmentalauthorities having jurisdiction concerning the manner of construction of such facilities, (v) in amanner that minimizes disruption to GRANTOR, its, tenants, employees and invitees, and (vi)underground, to the extent legally permitted. Furthermore, prior to engaging in any construction,reconstruction or maintenance within the Easement Area GRANTEE shall provide GRANTORwith not less than ten (10) days prior notice of such activities except in the case of an emergencyin which event GRANTEE shall provide GRANTOR with such notice as is reasonable under thecircumstances. Notwithstanding anything to the contrary contained herein, ingress and egress toGRANTOR'S property from adjoining rights-of-way shall remain unimpeded at all times,provided that GRANTEE may temporarily and partially obstruct such ingress and egress, duringany construction, re-constmction or maintenance on the Easement Area by GRANTEE or itscontractors or agents so long as GRANTOR and its tenants, agents, customers, contractors and

invitees shall, except as otherwise mutually agreed upon between GRANTOR and GRANTEE,continue to have reasonable access across the Easement Area to GRANTOR'S property from theadjoining rights-of-way sufficient to permit tractor trailer traffic and customer traffic to enter andexit GRANTOR'S property. Further notwithstanding anything to the contrary contained herein,GRANTEE agrees that except in the event of an emergency situation, no construction, re-construction, repair or maintenance on the Easement Area by GRANTEE or its contractors oragents shall occur during the period between November 1 and January 31 of any calendar year.GRANTEE shall not stage or store any materials necessary for GRANTEE'S construction, re-construction, use, operation, maintenance, and patrolling of any improvements in the Easement

Area on any portion of GRANTOR'S premises.

GRANTEE shall indemnify and defend GRANTOR against and hold GRANTOR and theland upon which the Easement is located, harmless from all losses, costs, damages, expenses,liabilities, suits, penalties, claims, demands, and obligations, including, without limitation,reasonable attorney's fees, for personal injury or property damage and from any liens or otherencumbrances placed on the Easement Area or GRANTOR'S premises resulting from theconstruction, operation, maintenance and use of the Easement Area and improvements thereon byGRANTEE or those acting as agents for GRANTEE, to the extent permitted by law. GRANTEEshall maintain a commercial general liability insurance policy providing for coverage againstinjuries and damages for which it, as a political subdivision, is legally obligated under Missourilaw to pay, and shall maintain limits of coverage in an amount equal to the current value of thelimitation on awards as published annually in the Missouri Register pursuant to Section 537.610,

RSMo., as amended, except for those claims governed by the provisions of the Missouri workers'compensation law, which policy shall provide workers' compensation for the statutory limits inaccordance with Chapter 287, RSMo., as amended.

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Notwithstanding anything herein to the contrary, no provision, term, or condition in thisinstrument shall constitute, or be constmed as, a waiver of the defenses of sovereign immunity,official immunity, or governmental immunity, by whatever name, as set forth in Section 537.600RSMo. et. seq., for any monetary amount whatsoever, or of any other defenses, howsoever named,

that are, or in the future may become, available to the parties by statute or common law.

GRANTOR, for itself, its successors and assigns, does hereby warrant and covenant untoGRANTEE (1) that GRANTOR is the owner of the above described Easement Area and has full

right and authority validly to grant this easement, (2) that GRANTEE may quietly enjoy theEasement Area for the purposes herein stated, subject to all matters of record affecting theEasement Area; and (3) that GRANTOR will not interfere with the exercise and enjoyment of

the easement rights hereinabove conveyed.

GRANTOR covenants and agrees that it will not erect or cause to be erected anyinstallation, structure or other building on the Easement Area herein granted that wouldmaterially affect the GRANTEE'S ability to use the Easement Area or interfere with the proper

construction or use of said roadway, sidewalks, and utility structures.

All provisions of this instmment, including the benefits and burdens, are deemed to becovenants running with the land and are binding upon and inure to the benefit of the partieshereto, their respective heirs, successors and assigns.

All of which is subject to all easements, restrictions, conditions, rights of way and allother matters now of record, if any.

To Have and to Hold the said Easement, together with all rights and appurtenances tothe same belonging, unto the said GRANTEE, and to its successors and assigns forever.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]DRAFT

In Witness Whereof, the said GRANTOR and GRANTEE have executed these presents

the day and year first above written.

GRANTOR:

SM PROPERTIES MID RIVERS, L.L.C.a Missouri limited liability company

By: The DESCO Group, Inc., its sole Manager

By:Bradley R. Foss, vft'esident and CEO

STATE OF MISSOURI

COUNTY OF ST. LOUIS

}}SS.

}

, On this ^/^ day ofyfcH^ [e^\

, 2019, before me,

a Notary Public in and for said State,personally appeared Bradley R. Foss, President and Chief Executive Officer of The DESCOGroup, Inc., sole Manager of SM Properties Mid Rivers, L.L.C., known to me to be the person who

executed the within Permanent Roadway Maintenance and Utility Easement Agreement, in behalfof said limited liability company and acknowledged to me that he executed the same for thepurposes therein stated.

LN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official

seal in the County and State aforesaid, the day and year first above written.

Notary

My Commission ExpireseKATHLEEN WILDHABER

Notary Public - Notary SealState of Missouri, St Louis County

Commission # 11416820My Commission Expires Dec 16, 2019

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GRANTEE:

City of St. Petersa Missouri municipal corporation

SEAL

Russ Batzel, City Administrator

STATE OF MISSOURI I ^

COUNTY OF ST. CHARLES }

On this_day of _ ,2019, before me appeared,Russ Batzel, who being by me duly sworn, did say that he is the City Administrator of the Cityof St. Peters, Missouri, a Municipal Corporation of the State of Missouri, that the seal affixed tothe foregoing instrument is the seal of said City, that said instrument was signed and sealed inbehalf of said City, by authority of its Board of Aldermen; and, that said City Administratoracknowledged said instrument to be the free act and deed of said City.

ESf TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal

in the County and State aforesaid, the day and year first above written.

Notary Public

My Commission Expires: DRAFT

CONSENT OF HOLDER OF DEEDS OF TRUST

The undersigned, being the beneficiary under that certain Deed of Trust and Security Agreement dated as of 4/ 13/2018 and recorded on 4/ 13/2018 in the real property records of the County of St.

Charles, Missouri in Book DE6904, at page 2274, Instrument No. 20180413000201170 D T, which deed of trust encumbers portions of the Parcels over which the foregoing Permanent

Uti li ty Easement Agreement pertains, does hereby consent to sa id Permanent Uti lity Easement Agreement and subord inates the lien of said deed of trust so that, in the event of forec losure thereunder, such Permanent Utility Easement Agreement shal l remain in full force and effect.

By:-----:~r-=--c<..:....=...---=: __ -=~~---.r------ame: Sean M. O'Conne ----~-----------

Ti tle: ____ Sif'le>P.cAo++nd-\H<nc-'e-P-4-'re ... s;>l'ld._e...,n.....,t.__ ___ _

STATE OF W\\Y\fih,:M ) ) ss

COUNTY OF

On th 2Jl!... y of :-f I A. IV , 2019, before me personally appeared l)f<r,,h M. O 'vono!P{ ~ me r,ersonal ly known, who, being ~~

sworn, did say that (s)he is the Si,t,Qru.J, VU!,~ WV~t\-~ .1.,,tf{ j,y\ ~W\ ~ '1 4\ i~ , and that said instrument was signed on behalf of Minnesota Life Insurance

C mpan ; and said individual acknowledged said instrument to be the free act and deed of said Minnesota Life Insurance Company.

IN TESTIMONY WHEREOF, I have hereunto in the County and State aforesaid, the day and year fir

and and affixed my official sea l

o:°illAl\t lAM . Notary Public My commission expire~ S\ ,1)>1,,,7,...,,

,._.~~...,...,.~E!"'rl~n~M~.~S~lm..,on.._._._. Notary Public

Minnesota ' It/ Camissim EJpns Jwlry 31, 2022

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CONSENT OF HOLDER OF DEEDS OF TRUST

The undersigned, being the beneficiary under that certain Deed of Trust and Security Agreement dated as of 4/ 13/20 18 and recorded on 4/ 13/2018 in the real property records of the County of St. Charles, Missouri in Book DE6904, at page 2274, Instrument No. 20180413000201 170 D T, which deed of trust encumbers portions of the Parcels over which the fo rego ing Permanent Roadway Maintenance and Utility Easement Agreement pertains, does hereby consent to sa id Permanent Roadway Maintenance and Uti lity Easement Agreement and subordinates the lien of said deed of trust so that, in the event of forec losure thereunder, such Permanent Roadway Maintenance and Utility Easement Agreement shall remain in full force and effect.

Second Vice President

ST A TE OF lYYln'M~ ) ) ss

COUNTY OF PJ>.it'ft--t;\# ) I -ti

(\, ,... . On this ~ day of \LL{,;\~ , 20 19, before me personally appeared ~ [Y\, D 'torvb,,,e)J , to

11Jl~i personally known, w9.o, being by me duly

sworn, did say that (s)he is the~,ul \J\clJ},f.s) {M{ ~ yY\lhJ'\.,/.g6:fi\ Li{C Vb&.,J.,f1W}W..J V\ , and that said instrument was signed on behalf of Minnesota Life Insurance

Company; nd said individual acknowledged said instrument to be the free act and deed of said Minnesota Life Insurance Company.

IN TESTIMONY WHEREOF, I have hereunto in the County and State aforesaid, the day and year fi

y hand and affixed my official sea l DRAFT

MEXICO ROADS83'48'30"E S84'04'1 OWE

^ 253.93' ^^ 385.00'

LOT 1ST. PETERS SQUAREP.B. 30. PAGE 85

PROPERTY N/FSM PROPERTIES MID RIVERS, LLC

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^MID RIVERS

ESTATESPLAT TWOP.B. 23.PG. 144

NOyS^50WE14.00*4.00*~\ \LS8*.: ^T-^K?

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N82*52'33UE ^30.52*'

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ST. PETERS SQUAREP.B. 30, PAGE 85

*;^E

Line #

L1

L2

L3

L4

L5

L6

L7

L8

L9

L10

L11

L12

Line Table

Length

71.81'

29.40'

150.67'

137.85'

31.56'

115.00'

15.71'

217.34'

21.12'

95.14'

62.60'

168.82'

Direction

N07*09'19"W

350*20'45"W

S84*04'10"E

S05'56'32"W

N43'18'31"W

N84'04'10"W

S50'56'11"W

S05"56'32"W

S55'18'16"E

N82'52'33"E

N56<18'54"E

S82"52'33"W

Curve Table

Curve #

C1 I

C2

Length

48.03'

22.96'

Radius

615.00'

100.75'

1,tBAX ENGINEERING CO.221 POINT WEST BLVD.ST. CHARLES, MO 63301G3S-928-5552

GENERAL NOTTS:1. BASIS OF BEARINGS IS THE MISSOURI COORDINATE

SYSTEM OF 1983. EAST ZONE (QR!|)f NORTH).2. THIS EXHIBIT DOES NOT C0NS

BOUNDARY SURVEY PURSUA^STANDARDS.

EXRBIT ADATE:03/14/19DRAWN: JLHSCALE: 1"=150'

PROJECT: 14-16250BFILE: 16250B RMUESHEET: 1 OF 1

MISSOURI STATECERTIFICATE OF

AUTHORITYSURVEYING:

^000144

PERMANENT ROADWAY MAINTENANCEAND UTILITY EASEMENT

A TRACT OF LAND BEING PART OF LOT 1 OF"ST. PETERS SQUARE",

PLAT BOOK 30. PAGE 85,WITHIN FRACTIONAL SECTION 36,

TOWNSHIP 47 NORTH, RANGE 3 EASTOF THE FIFTH PRINCIPAL MERIDIAN,

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

PROPERFfMISSOURI

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LAND DESCRIPTION10,992 SQUARE FEETMARCH 14, 2019BAX PROJECT No. 14-16250BJLH

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Permanent Roadway Maintenance and Utility Easement

Exhibit B

A tract of land being part of Lot 1 of "St. Peters Square", a subdivision according to the platthereof recorded in Plat Book 30, Page 85 of the St. Charles County Records, within FractionalSection 36, Township 47 North, Range 3 East of the Fifth Principal Meridian, City of St. Peters, St.Charles County, Missouri and being more particularly described as follows:

Commencing at the Southwest corner of said Lot 1 of "St. Peters Square"; thence along the

South line of said Lot 1 of "St. Peters Square", South 84 degrees 04 minutes 10 seconds East

198.58 feet to the Actual Point of Beginning of the tract of land herein described; thence leavingthe said South line of Lot 1 of "St. Peters Square", the following courses and distances. North 05

degrees 55 minutes 50 seconds East 14.00 feet; South 84 degrees 04 minutes 10 seconds East115.42 feet; North 87 degrees 30 minutes 41 seconds East 40.98 feet; South 84 degrees 04minutes 10 seconds East 216.15 feet; North 82 degrees 52 minutes 33 seconds East 123.66 feet;and North 56 degrees 18 minutes 54 seconds East 62.60 feet to a point on the West right-of-way

line of Mid Rivers Mali Drive, 80 feet wide; thence along the said West right-of-way line of MidRivers Mail Drive, along a curve to the left whose chord bears South 05 degrees 13 minutes 09seconds East 48.02 feet and whose radius point bears North 87 degrees 01 minutes 05 secondsEast 615.00 feet from the last mentioned point, an arc distance of 48.03 feet to a point on the

aforementioned South line of Lot 1 of said "St. Peters Square"; thence along the said South lineof Lot 1 of "St. Peters Square", the following courses and distances. South 82 degrees 52

minutes 33 seconds West 168.82 feet; along a curve to the right whose chord bears South 89degrees 24 minutes 11 seconds West 22.91 feet and whose radius point bears North 07 degrees

07 minutes 27 seconds West 100.75 feet from the last mentioned point, an arc distance of 22.96

feet; and North 84 degrees 04 minutes 10 seconds West 362.87 feet to the Point of Beginning,containing 10,992 square feet.

BAX ENGINEERING CO.221 Point West Blvd.St. Charles, MO 63301(636) 928-5552 Fax: (636) 928-1718www.baxengineering.com

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Permanent Utility Easement Agreement

THIS INSTRUMENT is made this_ day of_, 2019,by and between SM Properties Mid Rivers, L.L.C., a Missouri limited liability company, whose

mailing address is 25 North Brentwood Blvd, St Louis, Missouri 63105, hereinafter GRANTOR,

and the City of St. Peters, Missouri, a municipal corporation, hereinafter GRANTEE, whose

address is #1 St. Peters Centre Boulevard, St. Peters, Missouri 63376.

Witnesseth, that the GRANTOR, for and in consideration of the sum of $10.00 and othergood and valuable consideration paid by the said GRANTEE, the receipt and sufficiency ofwhich is hereby acknowledged, does by these presents Grant unto the said GRANTEE subject tothe terms and conditions hereof,

A Perpetual Right and Easement, for the purpose of constructing, re-constructing, using,operating, maintaining, and adding to the number of, and patrolling water lines, storm andsanitary sewers, traffic signals, electric, gas, telecommunication, cable and other utility systems,including, but not limited to, wires, cables, conduits, transformers, and other appurtenancesthereto, in, on, upon, along, over, under, through and across the real estate more particularly

described on Exhibits "A" and "B", attached hereto and incorporated by reference herein (the"Easement Area"). The GRANTEE shall have the right to survey, stake, slope, alter the existinggrade of, reshape, construct, reconstruct, place, keep, operate, maintain, inspect, control, add to

and relocate at will, at any time, said utility systems, lines, signals or cables and otherappurtenances associated therewith, including, without limitation, the right of ingress and egressto and over the above described Easement Area and such portion of GRANTOR'S premisesadjoining the same as reasonably necessary, for all purposes herein stated; together with the rightat any time and from time to time, to trim and cut down any and all brush, saplings, trees andoverhanging branches, and remove same and/or any rocks or other obstructions upon, over, and

under said Easement Area or any portion thereof or of said systems by any other person,association or corporation for the purposes hereinabove set out, and with the further right at anytime and from time to time, to remove any or all of the said systems and appurtenances theretolocated upon, over across and under said Easement Area by virtue hereof. GRANTEE covenants

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and agrees that after any construction or repair work done on and to the Easement Area hereingranted, that it will restore the Easement Area and any portion of GRANTOR'S premises damagedor disturbed by GRANTEE to its prior condition.

Prior to engaging in any activities on the Easement Area, GRANTEE agrees to obtain allnecessary approvals from any governmental authorities with jurisdiction over the EasementArea. Furthermore, prior to engaging in any construction, reconstruction or maintenance within

the Easement Area GRANTEE shall provide GRANTOR with not less than ten (10) days priornotice of such activities except in the case of an emergency in which event GRANTEE shallprovide GRANTOR with such notice as is reasonable under the circumstances. GRANTEEagrees to construct any improvements in the Easement Area: (i) at GRANTEE'S sole cost andexpense, (ii) in a good and workmanlike manner, (iii) in accordance with the plans andspecifications approved by any governmental authorities with jurisdiction over the EasementArea, (iv) in accordance the with all laws, ordinances, codes and regulations of governmentalauthorities having jurisdiction concerning the manner of construction of such facilities, (v) in amanner that minimizes disruption to GRANTOR, its, tenants, employees and invitees, and (vi)underground, to the extent legally permitted. Notwithstanding anything to the contrary containedherein, ingress and egress to GRANTOR'S property from adjoining rights-of-way shall remainunimpeded at all times, provided that GRANTEE may temporarily and partially obstruct suchingress and egress, during any construction, re-construction or maintenance on the Easement Area

by GRANTEE or its contractors or agents so long as GRANTOR and its tenants, agents,customers, contractors and invitees shall, except as otherwise mutually agreed upon betweenGRANTOR and GRANTEE, continue to have reasonable access across the Easement Area toGRANTOR'S property from the adjoining rights-of-way sufficient to permit tractor trailer trafficand customer traffic to enter and exit GRANTOR'S property. Further notwithstanding anythingto the contrary contained herein, GRANTEE agrees that except in the event of an emergencysituation, no construction, re-construction, repair or maintenance on the Easement Area by

GRANTEE or its contractors or agents shall occur during the period between November 1 andJanuary 31 of any calendar year. GRANTEE shall not stage or store any materials necessaryfor GRANTEE'S construction, re-constmction, use, operation, maintenance, and patrolling of anyimprovements in the Easement Area on any portion of GRANTOR'S premises.

GRANTEE shall indemnify and defend GRANTOR against and hold GRANTOR and theland upon which the Easement is located, harmless from all losses, costs, damages, expenses,liabilities, suits, penalties, claims, demands, and obligations, including, without limitation,reasonable attorney's fees, for personal injury or property damage and from any liens or otherencumbrances placed on the Easement Area or GRANTOR'S premises resultmg from theconstruction, operation, maintenance and use of the Easement Area and improvements thereon by

GRANTEE or those acting as agents for GRANTEE, to the extent permitted by law. GRANTEEshall maintain a commercial general liability insurance policy providing for coverage againstinjuries or damages for which it, as a political subdivision, is legally obligated under Missouri lawto pay, and shall maintain limits of coverage in an amount equal to the current value of thelimitation on awards as published annually in the Missouri Register pursuant to Section 537.610,RSMo., as amended, except for those claims governed by the provisions of the Missouri workers'compensation law, which policy shall provide workers' compensation for the statutory limits inaccordance with Chapter 287, RSMo., as amended.

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Notwithstanding anything herein to the contrary, no provision, term, or condition in thisinstrument shall constitute, or be constmed as, a waiver of the defenses of sovereign immunity,official immunity, or governmental immunity, by whatever name, as set forth in Section 537.600RSMo. et. seq., for any monetary amount whatsoever, or of any other defenses, howsoever named,

that are, or in the future may become, available to the parties by statute or common law.

GRANTOR, for itself, its successors and assigns, does hereby warrant and covenant untoGRANTEE (1) that GRANTOR is the owner of the above described Easement Area and has full

right and authority validly to grant this easement, (2) that GRANTEE may quietly enjoy theEasement Area for the purposes herein stated, subject to all matters of record affecting theEasement Area; and (3) that GRANTOR will not interfere with the exercise and enjoyment of

the easement rights hereinabove conveyed.

GRANTOR covenants and agrees that it will not erect or cause to be erected anyinstallation, structure or other building on the Easement Area herein granted that wouldmaterially affect the GRANTEE'S ability to use the Easement Area or interfere with the properconstruction or use of said utility structures.

All provisions of this instrument, including the benefits and burdens, are deemed to becovenants running with the land and are binding upon and inure to the benefit of the partieshereto, their respective successors and assigns.

All of which is subject to all easements, restrictions, conditions, rights of way and all

other matters now of record, if any.

To Have and to Hold the said Easement, together with all rights and appurtenances tothe same belonging, unto the said GRANTEE, and to its successors and assigns forever.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]DRAFT

In Witness Whereof the said GRANTOR and GRANTEE have executed these presents

the day and year first above written.

GRANTOR:

SM PROPERTIES MID RIVERS, L.L.C.a Missouri limited liability company

By: The DESCO Group, Inc., its sole Manager

By: --7?^,^-Bradley R. Foss, President and CEO

STATE OF MISSOURI

COUNTY OF ST. LOUIS

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n this ?i^) day of__^L^kL CAALA 1^0-lcrt<

t ,2019, before me,

a Notary Public in and for said State,personally appeared Bradley R. Foss, President and Chief Executive Officer of The DESCOGroup, Inc., sole Manager ofSM Properties Mid Rivers, L.L.C., known to me to be the person

who executed the within Permanent Utility Easement Agreement, in behalf of said limitedliability company and acknowledged to me that he/she executed the same for the purposes thereinstated.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official

seal in the County and State aforesaid, the day and year first above written.

Notary

My Commission Expires:

KATHLEEN WILDHABERNotary Public - Notary Seal

State of Missouri, St Louis CountyCommission # 11416820

My Commission Expires Dec 16, 2019

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SEAL

GRANTEE:

City of St. Petersa Missouri municipal corporation

Russ Batzel, City Administrator

STATE OF MISSOURI

COUNTY OF ST. CHARLES

On this day of ,2019, before me appeared,Russ Batzel, who being by me duly sworn, did say that he is the City Administrator of the Cityof St. Peters, Missouri, a Municipal Corporation of the State of Missouri, that the seal affixed tothe foregoing instrument is the seal of said City, that said instrument was signed and sealed inbehalf of said City, by authority of its Board of Aldermen; and, that said City Administratoracknowledged said instrument to be the free act and deed of said City.

EN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal

in the County and State aforesaid, the day and year first above written.

Notary Public

My Commission Expires:

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CONSENT OF HOLDER OF DEEDS OF TRUST

The undersigned, being the beneficiary under that certain Deed of Trust and Security Agreement dated as of 4/ 13/2018 and recorded on 4/ 13/2018 in the real property records of the County of St.

Charles, Missouri in Book DE6904, at page 2274, Instrument No. 20180413000201170 D T, which deed of trust encumbers portions of the Parcels over which the foregoing Permanent

Uti li ty Easement Agreement pertains, does hereby consent to sa id Permanent Uti lity Easement Agreement and subord inates the lien of said deed of trust so that, in the event of forec losure thereunder, such Permanent Utility Easement Agreement shal l remain in full force and effect.

By:-----:~r-=--c<..:....=...---=: __ -=~~---.r------ame: Sean M. O'Conne ----~-----------

Ti tle: ____ Sif'le>P.cAo++nd-\H<nc-'e-P-4-'re ... s;>l'ld._e...,n.....,t.__ ___ _

STATE OF W\\Y\fih,:M ) ) ss

COUNTY OF

On th 2Jl!... y of :-f I A. IV , 2019, before me personally appeared l)f<r,,h M. O 'vono!P{ ~ me r,ersonal ly known, who, being ~~

sworn, did say that (s)he is the Si,t,Qru.J, VU!,~ WV~t\-~ .1.,,tf{ j,y\ ~W\ ~ '1 4\ i~ , and that said instrument was signed on behalf of Minnesota Life Insurance

C mpan ; and said individual acknowledged said instrument to be the free act and deed of said Minnesota Life Insurance Company.

IN TESTIMONY WHEREOF, I have hereunto in the County and State aforesaid, the day and year fir

and and affixed my official sea l

o:°illAl\t lAM . Notary Public My commission expire~ S\ ,1)>1,,,7,...,,

,._.~~...,...,.~E!"'rl~n~M~.~S~lm..,on.._._._. Notary Public

Minnesota ' It/ Camissim EJpns Jwlry 31, 2022

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CONSENT OF HOLDER OF DEEDS OF TRUST

The undersigned, being the beneficiary under that certain Deed of Trust and Security Agreement dated as of 4/ 13/20 18 and recorded on 4/ 13/2018 in the real property records of the County of St. Charles, Missouri in Book DE6904, at page 2274, Instrument No. 20180413000201 170 D T, which deed of trust encumbers portions of the Parcels over which the fo rego ing Permanent Roadway Maintenance and Utility Easement Agreement pertains, does hereby consent to sa id Permanent Roadway Maintenance and Uti lity Easement Agreement and subordinates the lien of said deed of trust so that, in the event of forec losure thereunder, such Permanent Roadway Maintenance and Utility Easement Agreement shall remain in full force and effect.

Second Vice President

ST A TE OF lYYln'M~ ) ) ss

COUNTY OF PJ>.it'ft--t;\# ) I -ti

(\, ,... . On this ~ day of \LL{,;\~ , 20 19, before me personally appeared ~ [Y\, D 'torvb,,,e)J , to

11Jl~i personally known, w9.o, being by me duly

sworn, did say that (s)he is the~,ul \J\clJ},f.s) {M{ ~ yY\lhJ'\.,/.g6:fi\ Li{C Vb&.,J.,f1W}W..J V\ , and that said instrument was signed on behalf of Minnesota Life Insurance

Company; nd said individual acknowledged said instrument to be the free act and deed of said Minnesota Life Insurance Company.

IN TESTIMONY WHEREOF, I have hereunto in the County and State aforesaid, the day and year fi

y hand and affixed my official sea l DRAFT

MEXICO ROADS83-48'30"E S84*04(1 OWE

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LOT 1ST. PETERS SQUAREP.B. 30, PAGE 85

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Line Table

Line #

L1

L2

L3

L4

L5

L6

L7

L8

. L9

L10

L11

L12

Length

71.81'

29.40'

150.67'

137.85'

31.56'

115.00'

15.71'

217.34'

21.12'

93.14'

62.60'

168.82'

Direction

N07-09'19"W

S50'20'45"W

S84'04'10"E

S05'56'32"W

N43*18'31"W

N84*04'10"W

S50'56'11"W

S05'56'32"W

S55*18'16"E

N82'52'33"E

N56'18'54"E

S82-52'33"W

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Line Table

Line ^

L13

L14

L15

Length

18.52'

13.07'

10.11'

Direction

N05'55'50"E

N05'55'50"E

S87'30'41"W

ST. PETERS SQUAREP.B. 30, PAGE 85

Curve Table

Curve #

C1

C2

Length

48.03'

22.96'

Radius

615.00'

100.75'

1tBAX ENGINEERING CO.221 POINT WEST BLVD.ST. CHARLES, MO 63301636-928-5552

GENERAL NOTES:1. BASIS OF BEARINGS IS THE MISSOURI COORDINATE

SYSTEM OF 1983. EAST ZONE (GRID NORTH).2. THIS EXHIBIT DOES NOT CONSTITUTE A PROPERTY

EXHBIT ADATE03/14/19DRAWN: JLHSCALE: 1"=150'

PROJECT: 14-162508FILE: 16250B PUESHEET: 1 OF 1

MISSOURI STATECERTIFICATE OF

AUTHORITYSURVEYING:

#000144

PERMANENT UTILITY EASEMENT

A TRACT OF LAND BEING PART OF LOT 1 OF"ST. PETERS SQUARE",

PLAT BOOK 30, PAGE 85,WITHIN FRACTIONAL SECTION 36,

TOWNSHIP 47 NORTH, RANGE 3 EASTOF THE FIFTH PRINCIPAL MERIDIAN,

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

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Permanent Utility Easement #1Exhibit B

A tract of land being part of Lot 1 of "St. Peters Square", a subdivision according to the platthereof recorded in Plat Book 30, Page 85 of the St. Charles County Records, within FractionalSection 36, Township 47 North, Range 3 East of the Fifth Principal Meridian, City of St Peters, St.Charles County, Missouri and being more particularly described as follows:

Commencing at the Southwest corner of said Lot 1 of "St. Peters Square"; thence along the

South line of said Lot 1 of "St. Peters Square", South 84 degrees 04 minutes 10 seconds East

80.43 feet to the Actual Point of Beginning of the tract of land herein described; thence leavingthe said South line of Lot 1 of "St. Peters Square", the following courses and distances. North 07

degrees 40 minutes 27 seconds East 7.50 feet; North 82 degrees 19 minutes 33 seconds East10.00 feet; and South 07 degrees 40 minutes 27 seconds East 9.92 feet to a point on theaforementioned South line of Lot 1 of "St. Peters Square"; thence along the said South line ofLot 1 of "St. Peters Square", North 84 degrees 04 minutes 10 seconds West 10.29 feet to the

Point of Beginning, containing 87 square feet.

Permanent Utility Easement #2Exhibit B

A tract of land being part of Lot 1 of "St. Peters Square", a subdivision according to the plat

thereof recorded in Plat Book 30, Page 85 of the St. Charles County Records, within FractionalSection 36, Township 47 North, Range 3 East of the Fifth Principal Meridian, City of St. Peters, St.Charles County, Missouri and being more particularly described as follows:

Commencing at the Southwest corner of said Lot 1 of "St. Peters Square"; thence along the

South line of said Lot 1 of "St. Peters Square", South 84 degrees 04 minutes 10 seconds East

344.53 feet; thence leaving the said South line of Lot 1 of "St. Peters Square", North 05 degrees55 minutes 50 seconds East 18.52 feet to the Actual Point of Beginning of the tract of landherein described; thence along the following courses and distances. North 05 degrees 55minutes 50 seconds East 13.07 feet; South 84 degrees 04 minutes 10 seconds East 10.00 feet;South 05 degrees 55 minutes 50 seconds West 11.59 feet; and South 87 degrees 30 minutes 41seconds West 10.11 feet to the Point of Beginning, containing 123 square feet.

BAX ENGINEERING CO.221 Point West Blvd.St. Charles, MO 63301(636) 928-5552 Fax: (636) 928-1718www.baxengmeering.com

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No.

BILL NO. 19-104 I-04

ORDINANCE NO.

AN ORDINANCE PERTAINING TO CITY ELECTIONS AND SETTING THE FILING DATES, TIMES AND PLACE FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 7, 2020 IN THE CITY OF ST. PETERS, MISSOURI

WHEREAS, a general municipal election is to be held in the City of St. Peters, Missouri on Tuesday, April 7, 2020; and WHEREAS, at this election the office of Alderman for the First Ward, Alderman for the Second Ward, Alderman for the Third Ward, Alderman for the Fourth Ward and the Mayor of the City of St. Peters shall be filled, with all offices being four-year terms. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

SECTION 1. Any person desiring to seek election to the office of Alderman for the First Ward, Alderman for the Second Ward, Alderman for the Third Ward, Alderman for the Fourth Ward or Mayor of the City of St. Peters, with all offices being four-year terms, at the General Municipal Election on April 7, 2020, may do so by filing his/her candidacy with the City Clerk of the City of St. Peters, Missouri, or her designee at the City Hall Administration Building, located at #1 St. Peters Centre Boulevard, during regular office hours from 8:30 a.m. to 5:00 p.m. on the following dates: December 17, 2019, which is the first day to file for candidacy, filing shall commence at 8:00 a.m.; after December 17, 2019, filing will be conducted during regular office hours through January 21, 2020 at 5:00 p.m. All candidates on the first day to file for office shall enter through the west entrance to City Hall, and shall be received by the City Clerk or her designee, during regular office hours, in that order until filing closes. On the first day for filing only, the business hours for filing shall commence at 8:00 a.m. and end at 5:00 p.m. SECTION 2. Any person who is not qualified for the office sought as provided by State law or by City ordinance shall not be entitled to have his/her name printed on the ballot. No person shall be elected and sworn into office who is not qualified for such office as provided by State law or City ordinance. SECTION 3. All City elections shall be conducted and held in conformance with the provisions of the state election laws. The City Clerk is hereby directed to cause a public notice to be given in accordance with Section 115.127, RSMo., as amended. SECTION 4. The City Clerk shall notify the Director of the St. Charles County Election Authority, as the City’s designated election authority, in writing that the City of St. Peters is calling the general municipal election, specifying the purpose of the election, the date of the election, the legal notice to be published and the sample ballot therefor. The

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No.

Director of the St. Charles County Election Authority shall conduct the general municipal election in accordance with State law. SECTION 5. This Ordinance shall be in full force and take effect from and after the date of its final passage by the Board of Aldermen and its approval by the Mayor. Read two (2) times and passed and approved this 8th day of August, 2019. Len Pagano, As Presiding Officer and As Mayor Attest: ______________________________ Patricia E. Smith, City Clerk

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BILL NO. 19-105 I-05 ORDINANCE NO.

AN ORDINANCE PROVIDING FOR THE VACATION OF UTILITY EASEMENTS AS GRANTED ON TRACT 2 OF GRAND SLAM GOLF AND LEARNING CENTER, AS RECORDED IN PLAT BOOK 35 PAGE 360 AT THE ST. CHARLES COUNTY RECORDER OF DEEDS

WHEREAS, utility easements have been recorded in Plat Book 35 Page 360 at the St. Charles County Recorder's Office; and WHEREAS, the utility companies have not utilized the portion of said easements as shown cross-hatched on Exhibit A, which is attached hereto; and WHEREAS, said easement is no longer required by the City of St. Peters. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That said easement, as shown cross-hatched on Exhibit “A”, in substantially the form attached hereto and incorporated by reference herein. SECTION 2. That the Mayor of the City of St. Peters is hereby authorized to sign and execute a Release of Easement Rights, in substantially the form attached hereto, marked as Exhibit “B”, and incorporated by reference herein. SECTION 3. Savings Clause.

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

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SECTION 4. Severability Clause.

If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 5. The City Clerk is hereby directed to provide a copy of this Ordinance to the St. Charles County Recorder's Office. SECTION 6. This Ordinance shall take effect and be in force from and after its passage by the Board of Aldermen and its approval by the Mayor of the City of St. Peters, Missouri. Read two times, passed, and approved this 8th day of August, 2019.

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

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EXHIBIT “B” RELEASE OF EASEMENT RIGHTS

THIS INSTRUMENT, made this day of , 2019. WITNESSETH THAT: WHEREAS, an easement for utility purposes has been granted to the City of St. Peters, Missouri, pursuant to the document on file in Plat Book 35 Page 360 of the St. Charles County Missouri Recorder's Office; and WHEREAS, it is the purpose and intent of the City of St. Peters, Missouri, to release any and all underground utility easement rights on a portion of the aforementioned easement, as shown cross-hatched on Exhibit "A", which is attached hereto and made a part hereof; NOW, THEREFORE, the City of St. Peters, Missouri, does hereby remise and release the herein above described premises from all underground easement rights and interests acquired by said company pursuant to the aforementioned plats; IN WITNESS WHEREOF, the said City of St. Peters, Missouri, has caused these presents to be executed the day and year first above written. CITY OF ST. PETERS, MISSOURI Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

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STATE OF MISSOURI ) ) SS COUNTY OF ST. CHARLES )

On this day of in the year 2019 before me, Patricia E. Smith, A Notary Public in and for said state, personally appeared Len Pagano, Mayor, known to me to be the person who executed the within Release of Easement Rights, in behalf of the City of St. Peters and acknowledged to me that he executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year first above written. Notary My Commission Expires:

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BILL NO. 19-106 I-06

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT WITH WARREN SIGN COMPANY, INC. FOR THE PURCHASE AND INSTALLATION OF AN ENTRANCE SIGN FOR THE ST. PETERS GOLF CLUB AND WATER’S EDGE BANQUET CENTER

WHEREAS, the Board of Aldermen of the City of St. Peters, Missouri, deems it to be in the best interest of the City of St. Peters and its citizenry for the City to purchase and have installed an entrance sign for the St. Peters Golf Club and Water’s Edge Banquet Center; and WHEREAS, funds have been appropriated by the Board of Aldermen for the purchase and installation of the St. Peters Golf Club and Water’s Edge Banquet Center entrance sign; and WHEREAS, the City of St. Peters recently solicited bids for the purchase and installation of the entrance sign for the St. Peters Golf Club and Water’s Edge Banquet Center; and WHEREAS, bid proposals were received from four (4) companies on July 10, 2019; and WHEREAS, it is recommended that the contract be awarded to Warren Sign Company, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to enter into a contract with Warren Sign Company, Inc. for the purchase and installation of an entrance sign for the St. Peters Golf Club and Water’s Edge Banquet Center, in an amount of ninety-nine thousand, six hundred seventy-nine dollars and no cents ($99,679.00). SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City of St. Peters. SECTION 3. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein.

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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 8th day of August, 2019.

Len Pagano, as Presiding Officer and as Mayor

Attest: Patricia E. Smith, City Clerk

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BILL NO. 19-107 I-07

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO EXECUTE A CONTRACT CHANGE ORDER WITH DUKE REALTY LIMITED PARTNERSHIP AND/OR DUKE CONSTRUCTION LIMITED PARTNERSHIP FOR THE DESIGN AND CONSTRUCTION OF THE SPENCER ROAD AND PREMIER PARKWAY WEST TRANSPORTATION IMPROVEMENTS PROJECT

WHEREAS, the City of St. Peters did previously enter into an agreement with Duke Realty Limited Partnership and/or Duke Construction Limited Partnership for the Spencer Road and Premier Parkway West Transportation Improvements Project; and WHEREAS, expanding the scope of design/build project per the recommendation of an access justification study performed on the Salt River Road – Route 370 Interchange additional work is required to successfully complete the Spencer Road and Premier Parkway West Transportation Improvements Project; and WHEREAS, Duke Realty Limited Partnership and/or Duke Construction Limited Partnership has prepared an acceptable cost proposal for said additional work associated with the Spencer Road and Premier Parkway West Transportation Improvements Project. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri be and he is hereby authorized to execute a Contract Change Order with Duke Realty Limited Partnership and/or Duke Construction Limited Partnership in the initial amount of $536,270.00, bringing the new total contract value to $1,048,570.00, for additional work associated with the Spencer Road and Premier Parkway West Transportation Improvement Project. Upon approval of the City Administrator, the initial contract amount shall be adjusted as necessary based on the final measured quantities at the unit prices bid in the contract or noted in the Change Order proposal for additional work associated with the Spencer Road and Premier Parkway West Transportation Improvements Project. SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said Contract Change Order on behalf of the City of St. Peters.

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

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

SECTION 4. Severability Clause

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

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

SECTION 5. This ordinance shall be in full force and take effect from and after

the date of its final passage and approval. Read two times, passed and approved this 8th day of August, 2019.

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

BILL NO. 19-108 I-08

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO NEGOTIATE AND EXECUTE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR THE SPENCER ROAD RECONSTRUCTION PROJECT

WHEREAS, it is in the best interest of the City of St. Peters (hereinafter “City”) and its citizenry, to promote the health, safety and general welfare of it citizens, that it extends a portion of roadway associated with the Spencer Road Reconstruction Project (hereinafter “Project”); and WHEREAS, the project requires professional engineering services to design and prepare plans and specifications for construction of the Spencer Road Reconstruction Project; and WHEREAS, it is recommended that the firm of Lochmueller Group perform the required engineering services. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to negotiate and execute a professional engineering services agreement with the Lochmueller Group in an amount not to exceed of $152,000.00 for the Spencer Road Reconstruction Project. SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said agreement on behalf of the City of St. Peters. 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

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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 8th day of August, 2019.

Len Pagano, as Presiding Officer and as Mayor

Attest: Patricia E. Smith, City Clerk

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BILL NO. 19-109 I-09

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT ACQUIRING A PERMANENT FENCE MAINTENANCE EASEMENT TO IMPROVE SIGHT DISTANCE ALONG JUNGERMANN ROAD (RAY)

WHEREAS, the City of St. Peters has long been an advocate of improved transportation systems and facilities to promote the general health, safety and welfare of the community; and

WHEREAS, moving the current location of a fence and the installation of a new six (6’) foot tall vinyl privacy fence along a certain section of Jungermann Road would improve sight distance on Tieman Lane and Jungermann Road; and WHEREAS, construction of the new fence necessitates obtaining a permanent fence maintenance easement from Delores Ray, a single person. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to negotiate, execute, and administer, on behalf of said City, an agreement providing for a Permanent Fence Maintenance Easement Agreement, in substantially the form attached hereto and made a part hereof, with Delores Ray.

SECTION 2. That the City Clerk is hereby directed to cause said Permanent Fence

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

SECTION 3. Savings. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein.

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

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valid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

SECTION 5. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 8th day of August, 2019. Len Pagano, as Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

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BILL NO. 19-110 I-10

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF ST. PETERS, MISSOURI, AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN EMPLOYMENT AGREEMENT WITH RICHARD S. STRUTTMANN AS CHIEF OF POLICE

WHEREAS, the City of St. Peters, Missouri, pursuant to Article I of Chapter 200 of the St.

Peters City Code created the office of Chief of Police; and

WHEREAS, Richard S. Struttmann has been duly appointed as Chief of Police for the City of St. Peters; and

WHEREAS, the Board of Aldermen wish to enter into an Employment Agreement with Rick Struttmann in order to secure his future services as Chief of Police, and to authorize the City Administrator to enter into an Agreement for the employment of Richard S. Struttmann as Chief of Police, and to execute and administer said Agreement on behalf of the City of St. Peters.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION NO. 1. Authorization to Execute an Employment Agreement. The City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to enter into an Employment Agreement for the employment of Richard S. Struttmann as Chief of Police in substantially the form attached to this ordinance, marked as Exhibit 1, and incorporated by reference herein. The City Administrator is hereby authorized to execute and administer said Agreement on behalf of the City of St. Peters. SECTION NO. 2. Effective Date. This Ordinance shall be in full force and take effect from and after the date of its final passage by the Board of Aldermen and its approval by the Mayor. 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

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and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer valid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding upon it. Read two times, passed and approved this 8th day of August, 2019. Len Pagano, As Presiding Officer and as Mayor Attest: Patricia E. Smith, City Clerk

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Exhibit 1 (Exhibit on file in the office of the City Clerk of St. Peters)

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BILL NO. 19-111 I-11

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO A PERMANENT UTILITY EASEMENT AGREEMENT WITH ST. PETERS PHARMACY LLC

WHEREAS, it is in the best interest of the inhabitants of the City of St. Peters, Missouri, that said City promote new development within its corporate limits; and WHEREAS, to provide utilities to a proposed new development within the City necessitates the acquisition of an easement from St. Peters Pharmacy LLC. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

SECTION 1. The City does hereby accept and agrees to a permanent utility easement, by Permanent Utility Easement Agreement, in substantially the form attached hereto and made a part hereof, and the City Administrator of the City of St. Peters, Missouri, be and is hereby authorized to execute on behalf of the City of St. Peters, Missouri, said Permanent Utility Easement Agreement with St. Peters Pharmacy LLC. SECTION 2. The City Clerk is hereby directed to cause said Permanent Utility 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.

SECTION 4. Severability Clause

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

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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 8th day of August, 2019.

Len Pagano, as Presiding Officer and as Mayor

Attest: Patricia E. Smith, City Clerk

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