CITY OF ST. PETERS BOARD OF ALDERMEN TENTATIVE AGENDA FOR REGULAR MEETING ST. PETERS JUSTICE CENTER, 1020 GRAND TETON DRIVE, ST. PETERS, MO 63376 September 8, 2011 - 7:00 P.M.
A.
Call to Order, Mayor Len Pagano
B.
Roll Call
C.
Opening Ceremonies 1.
Invocation
2.
Pledge of Allegiance
D.
Approval of Minutes: The Board of Aldermen Work Session Meeting of August 25, 2011, and the regular Board of Aldermen Meeting of August 25, 2011.
E.
Reports of Officers, Boards and Commissions 1.
F.
G.
Mayoral Report of Appointments to Boards and Commissions a.
Re-Appointment to the Veterans Memorial Commission Youth Representative
b.
Re-Appointments to the Planning and Zoning Commission
2.
City Administrator’s Report
3.
Report of Director, Planning, Community and Economic Development: None
Open Forum 1.
Citizens Petitions and Comments
2.
Communications from the Elected Officials
3.
Announcements
Public Hearings: None
H.
Unfinished (Old) Business Items: None
I.
New Business Items: 1.
Resolution authorizing the establishment of a Depository Account known as “St. Charles Urban County CDBG Account”
J.
K.
2.
Bill No. 11-133: Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into contracts for Medical and Dental Benefit Services
3.
Bill No. 11-134: Bill annexing certain adjacent territory (Runnels, 1805 Rosebud Way) into the City of St. Peters, Missouri
4.
Bill No. 11-135: Bill amending certain sections of the Corporate Limits and Zoning District Map of the City of St. Peters, Missouri, in response to a voluntary annexation of property (Runnels, 1805 Rosebud Way)
5.
Bill No. 11-136: Bill amending Chapter 205 of the City Code of the City of St. Peters, Missouri and providing for Animal Control regulations [Sponsors: Bateman and Barclay]
6.
Bill No. 11-137: Bill authorizing the City Administrator of the City of St. Peters, Missouri, to enter into an agreement with Schulte Supply for the purchase of residential and commercial water meters and miscellaneous meter components
7.
Bill No. 11-138: Bill of the City of St. Peters, Missouri, terminating the Boundary Agreement with the City of Weldon Spring and directing the City Administrator to give notice of the termination of such Boundary Agreement [Sponsor: Mayor Pagano]
Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section 610.021 (1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6) Adjournment
AGENDA Posted at City Hall: September 6, 2011 By: P. Smith, City Clerk Next Regular Board of Aldermen Meeting: September 22, 2011
Last printed 9/2/2011 11:22:00 AM
CITY OF ST. PETERS BOARD OF ALDERMEN WORK SESSION MINUTES August 25, 2011
BOARD OF ALDERMEN ITEMS FOR DISCUSSION The Work Session was called to order at approximately 5:00 p.m. on Thursday, August 11, 2011 at the St. Peters Justice Center located at 1020 Grand Teton Drive. The following were present: Mayor Pagano; President of the Board of Aldermen, Alderman Roberts; Alderman Thomas; Alderman Hollingsworth; Alderman Bateman; Alderman Elliott; Alderman Barclay; Alderman Aytes; Bill Charnisky, City Administrator; Bill Malach, Water Environment Services Manager; Jeff Hutsler, Parks and Recreation Services Manager; Dave Kuppler, Health and Environmental Services Manager; Tom Bishop, Chief of Police; Randy Weber, Special Counsel; and Patty Smith, City Clerk. Alderman Reitmeyer and Russ Batzel, Transportation and Development Services Manager were absent.
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COMMUNICATIONS FROM BOARD OF ALDERMEN MEMBERS/ALDERMANIC REPRESENTATIVES Board President Roberts reported that Alderman Reitmeyer was out of town vacationing with his family.
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COMMITTEE REPORTS
Committee reports were given during this time. BOA ITEMS FOR DISCUSSION
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Alderman Barclay moved and Alderman Bateman seconded the motion to remove Discussion/Title II Chapter 205 Animal Regulations from the agenda for discussion. The motion was approved. DISCUSSION/TITLE II /BARCLAY/KUPPLER
CHAPTER
205
ANIMAL
REGULATIONS
–
BATEMAN
Mr. Kuppler explained the proposed amendments to Chapter 205, Animal Regulations which are attached and made a part of the minutes. A discussion was held and questions were addressed from the Aldermen. Alderman Hollingsworth moved and Alderman Bateman seconded the motion to place this item on the next Board of Aldermen meeting for consideration. The motion was approved. This item will be placed on the September 8, 2011 Board of Aldermen meeting agenda for consideration. Alderman Hollingsworth moved and Alderman Barclay seconded the motion to remove Regulations on Group Homes (Continued from 7-28-11) from the agenda for discussion. The motion was approved. REGULATIONS ON GROUP HOMES (CONTINUED FROM 7-28-11) – MAYOR City Administrator Charnisky recounted the previous discussion from the July 28, 2011 Work Session meeting and the direction given staff to consider options for lawfully tracking
City of St. Peters: Board of Aldermen Work Session Minutes Page 2 of 3
August 25, 2011
or keeping record of the proximity of group homes from each other within our City limits to avoid violations of our density regulations. He discussed tracking options while keeping our 2,500 ft. minimum requirement in place and the City’s current rental inspection program for potential revisions to include non-owner occupied single-family homes, and as a matter of policy, record all leased, rented, or non-owner occupied residential dwelling units through the City’s GIS system. Further discussion ensued regarding a possible re-inspection program; however, Alderman Hollingsworth moved and Alderman Elliott seconded the motion to close this discussion without any changes, for possible future discussion and consideration regarding changes to the current rental inspection program. The motion was approved. This item will be placed on a future Work Session agenda for discussion. Alderman Elliott moved and Alderman Hollingsworth seconded the motion to remove Bids/Water Meter Replacement Program from the agenda for discussion. The motion was approved. BIDS/WATER METER REPLACEMENT PROGRAM – MALACH
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Bill Malach advised that Neptune water meters are required to be purchased in order for the meters and electronic heads to be compatible with the meter reading software. This annual CIP item is budgeted for $120,000 per year for residential and commercial meter replacement. This year’s purchase will be in the amount of $119,818.34. Schulte Supply of St. Peters is the sole source provider of Neptune water meters in the state of Missouri. Alderman Roberts moved and Alderman Hollingsworth seconded the motion to place this item on the September 8, 2011 Board of Aldermen meeting agenda for consideration. The motion was approved. This item will be placed on the September 8, 2011 Board of Aldermen meeting agenda for consideration.
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Alderman Elliott moved and Alderman Roberts seconded the motion to remove Secretary of State/Records Retention Schedules from the agenda for discussion. The motion was approved. SECRETARY OF STATE/RECORDS RETENTION SCHEDULES – 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 August 25, 2011. Alderman Roberts moved and Alderman Hollingsworth 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 August 25, 2011 minutes of the Board of Aldermen. The motion was approved. No further Board of Aldermen action is required on this item. MISCELLANEOUS UPDATES – CHARNISKY Mr. Charnisky advised that the final budget adjustments were distributed and are part of Business Item I-01 on this evening’s Board of Aldermen meeting agenda.
City of St. Peters: Board of Aldermen Work Session Minutes Page 3 of 3
August 25, 2011
BOARD OF ALDERMEN MEETING AGENDA ITEM REVISIONS – CHARNISKY Mr. Charnisky advised that a revised meeting agenda, which was posted on Wednesday, August 24, 2011 at 4:15 p.m., has been distributed to the Board of Aldermen. EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION 610.021 (1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6) Alderman Barclay moved and Alderman Roberts seconded the motion to enter Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section 610.021(1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6). With the motion approved, the Board of Aldermen entered Executive Session at approximately 5:52 p.m. Roll Call was taken as follows: President of the Board of Aldermen, Alderman Roberts: yes; Alderman Reitmeyer: absent; Alderman Thomas: yes; Alderman Hollingsworth: yes; Alderman Bateman: yes; Alderman Elliott: yes; Alderman Barclay: yes; Alderman Aytes: yes.
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ADJOURNMENT OF THE EXECUTIVE SESSION AND THE WORK SESSION
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Respectfully submitted,
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Alderman Hollingsworth moved and Alderman Barclay seconded the motion to adjourn the Executive Session and the Work Session meeting. The motion carried and the Executive Session and the Work Session was adjourned at approximately 6:30 p.m. with Roll Call shown as follows: President of the Board of Aldermen, Alderman Roberts, yes; Alderman Reitmeyer, absent; Alderman Thomas, yes; Alderman Hollingsworth, yes; Alderman Bateman, yes; Alderman Elliott, yes; Alderman Barclay, yes; Alderman Aytes: yes.
Patricia E. Smith City Clerk
CITY OF ST. PETERS CITY HALL BOARD OF ALDERMEN MINUTES AUGUST 25, 2011
CALL TO ORDER Mayor Pagano called the Board of Aldermen meeting to order at approximately 7:00 p.m. on August 25, 2011, at the St. Peters Justice Center located at 1020 Grand Teton Drive followed by the invocation by Anna Gingrich, member of the St. Peters Youth Leadership Council. The Pledge of Allegiance was led by the Boy Scout Troop 533. Patty Smith, City Clerk, called the roll. Present were: Mayor Pagano; President of the Board of Aldermen, Alderman Roberts; Alderman Thomas; Alderman Hollingsworth; Alderman Bateman; Alderman Elliott; Alderman Barclay; Alderman Aytes; Bill Charnisky, City Administrator; Tom Bishop, Chief of Police; Randy Weber, Special Counsel; Patty Smith, City Clerk. Alderman Reitmeyer was absent.
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APPROVAL OF MINUTES: THE BOARD OF ALDERMEN WORK SESSION MEETING OF AUGUST 11, 2011, AND THE REGULAR BOARD OF ALDERMEN MEETING OF AUGUST 11, 2011.
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Alderman Hollingsworth moved and Alderman Roberts seconded the motion to approve the minutes of the Work Session meeting of August 11, 2011, and the regular Board of Aldermen meeting minutes of August 11, 2011. The motion carried and the minutes were approved. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS CITY ADMINISTRATOR’S REPORT
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Chief Bishop announced an Open House being held for the St. Peters Residents at the City’s new Justice Center on Sunday, October 2, 2011 from 1 p.m. to 5 p.m. Tours will be scheduled on a first come first serve basis and the event is open for all ages. More information will follow on the City’s webpage once details are finalized. MAYORAL REPORT OF APPOINTMENTS TO BOARDS AND COMMISSIONS YOUTH LEADERSHIP COUNCIL REPORT Alderman Bateman introduced the Youth Leadership Council members and Chairman Drew Nelson gave an update on current activities and future goals of the St. Peters Youth Leadership Council. REPORT OF DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT SPECIAL USE PERMIT – PETITION 11-04 – ST. CHARLES TOWER, INC. Julie Powers gave the presentation on Petition 11-04 – St. Charles Tower, Inc.: A request for a special use permit for a telecommunications tower on a 0.82+/- acre parcel in the C-3 General Commercial District. The subject site is located on the north side of Cloverleaf Drive South, east of Cave Springs Drive. (Ward 3) which was presented and approved by the Planning and Zoning
Board of Aldermen Minutes: City of St. Peters Page 2 of 8
August 25, 2011
Commission on July 6, 2011. Representative Greg Yocom, who after being sworn in by City Clerk Patty Smith, gave a description of the proposed Tower and answered questions posed by the Board of Aldermen. CODE CHANGES – TELECOMMUNICATION TOWERS Ms. Powers gave a presentation on the code changes regarding telecommunication towers, which is Business Item I-08 on this evening’s agenda, and answered questions from the Board of Aldermen. OPEN FORUM CITIZENS PETITIONS AND COMMENTS
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Paul Bender, resident of 535 Misty Moss, spoke about the need for a three way stop sign at the intersection of First Executive and Boone Hills due to limited visibility and frequent excessive speeds on Boone Hills. Alderman Elliott moved and Alderman Aytes seconded the motion to extend the time for Mr. Bender. The motion was approved. Georgia Conlon, of 18 Kelly Leaf Dr., voiced opposition on restriction placed on the mentally challenged and where they live. Alderman Hollingsworth moved and Alderman Elliott seconded the motion to extend the time for Ms. Conlon. The motion was approved.
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COMMUNICATIONS FROM THE ELECTED OFFICIALS Elected Officials made comments during this time. ANNOUNCEMENTS
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Alderman Elliott left the meeting in progress at approximately 7:55 p.m. Alderman Elliott returned to the meeting in progress at approximately 7:58 p.m PUBLIC HEARINGS:
PROPOSED BUDGET FOR FISCAL YEAR 2011/2012 (CONTINUED FROM AUGUST 11, 2011) Alderman Barclay moved and Alderman Bateman seconded the motion to continue the Proposed Budget for Fiscal Year 2011/2012 from August 11, 2011. The motion was approved. Mayor Pagano opened the Public Hearing. Ms. French presented the Public Hearing for the Proposed Budget for Fiscal Year 2011/2012. Mayor Pagano inquired if there were any comments or concerns. Being none, Mayor Pagano closed the Public Hearing. VOLUNTARY ANNEXATION – RUNNELS, 1805 ROSEBUD WAY Mayor Pagano opened the Public Hearing. Ms. Powers presented the Public Hearing for the Voluntary Annexation – Runnels, 1805 Rosebud Way. Mayor Pagano inquired if there were any comments or concerns. Being none, Mayor Pagano closed the Public Hearing.
Board of Aldermen Minutes: City of St. Peters Page 3 of 8
August 25, 2011
VOLUNTARY ANNEXATION – DOHERTY, 286 HIGHWAY C Mayor Pagano opened the Public Hearing. Ms. Powers presented the Public Hearing for the Voluntary Annexation – Doherty, 286 Highway C. Mayor Pagano inquired if there were any comments or concerns. Being none, Mayor Pagano closed the Public Hearing. UNFINISHED (OLD) BUSINESS ITEMS: NONE NEW BUSINESS ITEMS MOTION/APPROVED: BILL NO. 11-121: ORDINANCE NO. 5633: AN ORDINANCE AMENDING ORDINANCE NO. 5458 PROVIDING FOR THE ADOPTION OF THE GENERAL FUND, DEBT SERVICE FUND, COMMUNITY DEVELOPMENT BLOCK GRANT FUND, DEA FUND, LOCAL PARKS AND STORM WATER FUND, SEWER LATERAL REPAIR PROGRAM FUND, SPECIAL ALLOCATION FUNDS, TRANSPORTATION TRUST FUND, CENTRAL MATERIALS PROCESSING FACILITY FUND, RECREATION FUND, SOLID WASTE FUND, AND WATER/SEWER FUND BUDGETS FOR THE CITY OF SAINT PETERS FOR FISCAL YEAR COMMENCING ON OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011
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Alderman Barclay moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Hollingsworth seconded the motion to read Bill No. 11-121 for the first time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Roberts moved and Alderman Hollingsworth seconded the motion to read the Bill for the second time. The motion carried and Alderman Roberts read the Bill. Alderman Roberts moved and Alderman Elliott seconded the motion to put the Bill to a final vote. The motion was approved and Bill No. 11-121 was passed becoming Ordinance No. 5633.
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Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Absent Thomas: Yes Elliott: Yes Aytes: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: Alderman Hollingsworth moved and Alderman Elliott seconded the motion to remove Bill No. 11-108 from the table. The motion was approved. MOTION/APPROVED: BILL NO. 11-108: ORDINANCE NO. 5634: AN ORDINANCE PROVIDING FOR THE ADOPTION OF THE GENERAL FUND, DEBT SERVICE FUND, COMMUNITY DEVELOPMENT BLOCK GRANT FUND, COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT FUND, DEA FUND, LOCAL PARKS AND STORM WATER FUND, SEWER LATERAL REPAIR PROGRAM FUND, SPECIAL ALLOCATION FUNDS, TRANSPORTATION TRUST FUND, CENTRAL MATERIALS PROCESSING FACILITY FUND, RECREATION FUND, SOLID WASTE FUND, AND WATER/SEWER FUND BUDGETS FOR THE CITY OF SAINT PETERS FOR FISCAL YEAR COMMENCING ON OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012. [FIRST READING AND CONTINUED TO AUGUST 25, 2011] Alderman Barclay moved and Alderman Roberts seconded the motion to read the Bill for the second time. The motion carried and Alderman Barclay read the Bill. Alderman Hollingsworth moved and Alderman Elliott seconded the motion to put the Bill to a final vote. The motion was approved and Bill No. 11-108 was passed becoming Ordinance No. 5634.
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August 25, 2011
Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Absent Thomas: Yes Elliott: Yes Aytes: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: Alderman Thomas moved and Alderman Reitmeyer seconded the motion to continue the Public Hearing for the Proposed Tax Rates for Calendar Year 2011 from August 11, 2011. The motion was approved. PUBLIC HEARING FOR THE PROPOSED TAX RATES FOR CALENDAR YEAR 2011 (CONTINUED FROM AUGUST 11, 2011 TO AUGUST 25, 2011)
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Mayor Pagano opened the Public Hearing and Beth French Director of Finance advised the Public Hearing is related to the Ad Valorem tax rate for the calendar year 2011, which generates the revenues for the fiscal year 2012 budget. Ms. French explained that State Legislation has changed and the final numbers for the assessed valuation will be made in September. The estimated proposed tax rate for this calendar year will be $.77 per $100 of assessed valuation. Mayor Pagano inquired if there were any comments or concerns. Being none, Mayor Pagano closed the Public Hearing.
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MOTION/APPROVED: BILL NO. 11-122: ORDINANCE NO. 5635: AN ORDINANCE AMENDING SECTIONS 700.015, 705.040, 710.010 AND 710.260 OF THE CODE OF THE CITY OF ST. PETERS, MISSOURI RELATING TO THE WATER AND SEWER RATES
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Alderman Elliott moved and Alderman Bateman seconded the motion to introduce the Bill. The motion carried. Alderman Elliott moved and Alderman Bateman seconded the motion to read Bill No. 11-122 for the first time. The motion carried and Alderman Thomas read the Bill. Alderman Hollingsworth moved and Alderman Barclay seconded the motion to read the Bill for the second time. The motion carried and Alderman Bateman read the Bill. Alderman Roberts moved and Alderman Aytes seconded the motion to put the Bill to a final vote. The motion was approved and Bill No. 11-122 was passed becoming Ordinance No. 5635. Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Absent Thomas: Yes Elliott: Yes Aytes: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: MOTION/APPROVED: BILL NO. 11-123: ORDINANCE NO. 5636: AN ORDINANCE PROVIDING FOR COMPLIANCE WITH SECTION 393.275 OF REVISED STATUTES OF MISSOURI, FOR PUBLIC UTILITY GROSS RECEIPTS BUSINESS LICENSE TAX ON PUBLIC UTILITIES RECEIPTS FROM SERVICE RENDERED TO CUSTOMERS IN THE CITY OF ST. PETERS, MISSOURI Alderman Elliott moved and Alderman Roberts seconded the motion to introduce the Bill. The motion carried. Alderman Elliott moved and Alderman Roberts seconded the motion to read Bill No. 11-123 for the first time. The motion carried and Alderman Elliott read the Bill. Alderman Elliott moved and Alderman Hollingsworth seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Elliott moved and Alderman Roberts seconded the motion to put the Bill to a final vote. The motion was approved and Bill No. 11-123 was passed becoming Ordinance No. 5636.
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August 25, 2011
Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Absent Thomas: Yes Elliott: Yes Aytes: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 0 ABSENT: 1 MAYOR: Alderman Elliott moved and Alderman Hollingsworth seconded the motion to take a recess at approximately 8:38 p.m. The motion was approved. Alderman Bateman left the meeting in progress at approximately 8:38 p.m. The meeting resumed at approximately 8:50 p.m. MOTION/APPROVED: BILL NO. 11-124: ORDINANCE NO. 5637: AN ORDINANCE APPROVING A RECORD PLAT WITHIN THE CITY OF ST. PETERS, MISSOURI, FOR THE PURPOSE OF RECORDING IN ST. CHARLES COUNTY, MISSOURI (THE TRIANGLE APARTMENTS PLAT 2)
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Alderman Roberts moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Roberts moved and Alderman Hollingsworth seconded the motion to read Bill No. 11-124 for the first time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Hollingsworth moved and Alderman Roberts seconded the motion to read the Bill for the second time. The motion carried and Alderman Roberts read the Bill. Alderman Roberts moved and Alderman Barclay seconded the motion to put the Bill to a final vote. The motion was approved and Bill No. 11-124 was passed becoming Ordinance No. 5637.
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Bateman: Absent Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Absent Thomas: Yes Elliott: Yes Aytes: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR:
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Alderman Elliott moved and Alderman Roberts seconded the motion to suspend the order of the business and move to Bill No. 11-126. The motion was approved. MOTION/APPROVED: BILL NO. 11-126: ORDINANCE NO. 5638: AN AMENDING OR REPEALING CERTAIN SECTIONS AND ENACTING NEW SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF ST. PETERS, TITLE IV: LAND USE DEALING WITH THE ESTABLISHMENT OF ZONING AND REGULATING LAND USE IN THE CITY LIMITS OF THE CITY OF ST. PETERS, MISSOURI AND PROVIDING FOR THE ESTABLISHMENT OF REGULATIONS FOR LAND SUBDIVISION IN THE LIMITS OF THE CITY OF ST. PETERS, MISSOURI Alderman Elliott moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Elliott moved and Alderman Hollingsworth seconded the motion to read Bill No. 11-126 for the first time. The motion carried and Alderman Barclay read the Bill. Alderman Barclay moved and Alderman Aytes seconded the motion to read the Bill for the second time. The motion carried and Alderman Thomas read the Bill. Alderman Barclay moved and Alderman Aytes seconded the motion to put the Bill to a final vote. The motion was approved and Bill No. 11-126 was passed becoming Ordinance No. 5638. Bateman: Absent Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Absent Thomas: Yes Elliott: Yes Aytes: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR:
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August 25, 2011
Alderman Elliott moved and Alderman Hollingsworth seconded the motion to return to the regular order of business. The motion was approved. MOTION/APPROVED: BILL NO. 11-125: ORDINANCE NO. 5639: AN ORDINANCE APPROVING A SPECIAL USE PERMIT IN THE C-3 GENERAL COMMERCIAL DISTRICT TO PERMIT A TELECOMMUNICATIONS TOWER, IN RESPONSE TO PETITION 11-04 (ST. CHARLES TOWER, INC.) AND ADOPTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT THERETO Alderman Elliott moved and Alderman Barclay seconded the motion to introduce the Bill. The motion carried. Alderman Elliott moved and Alderman Barclay seconded the motion to read Bill No. 11-125 for the first time. The motion carried and Alderman Elliott read the Bill. Alderman Elliott moved and Alderman Aytes seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Elliott moved and Alderman Hollingsworth seconded the motion to put the Bill to a final vote. The motion was approved and Bill No. 11-125 was passed becoming Ordinance No. 5639.
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Bateman: Absent Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Absent Thomas: Yes Elliott: Yes Aytes: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR:
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MOTION/APPROVED: BILL NO. 11-127: ORDINANCE NO. 5640: AN ORDINANCE PROVIDING FOR THE VACATION OF A GENERAL UTILITY EASEMENT FOR LOT 103C OF BELLEMEADE PLAT ONE AS RECORDED IN BOOK 45 PAGES 150-158 AT THE ST CHARLES COUNTY RECORDER’S OFFICE
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Alderman Hollingsworth moved and Alderman Barclay seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Barclay seconded the motion to read Bill No. 11-127 for the first time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Elliott moved and Alderman Hollingsworth seconded the motion to read the Bill for the second time. The motion carried and Alderman Roberts read the Bill. Alderman Elliott moved and Alderman Roberts seconded the motion to put the Bill to a final vote. The motion was approved and Bill No. 11-127 was passed becoming Ordinance No. 5640. Bateman: Absent Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Absent Thomas: Yes Elliott: Yes Aytes: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR: MOTION/APPROVED: BILL NO. 11-128: ORDINANCE NO. 5641: AN ORDINANCE PROVIDING FOR AND AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI TO AMEND TWO CONTRACT AGREEMENTS WITH ST. CHARLES COUNTY, MISSOURI, FOR USE OF SAINT CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS TO IMPROVE AND REALIGN KIMBERLY LANE AND TO RECONSTRUCT GRAND TETON DRIVE Alderman Barclay moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Hollingsworth seconded the motion to read Bill No. 11-128 for the first time. The motion carried and Alderman Barclay read the Bill. Alderman Elliott moved and Alderman Aytes seconded the motion to read the Bill for the second time. The motion carried and Alderman Thomas read the Bill. Alderman Hollingsworth moved and Alderman Roberts seconded the motion to put the Bill to a final vote. The motion was approved and Bill No. 11-128 was passed becoming Ordinance No. 5641.
Board of Aldermen Minutes: City of St. Peters Page 7 of 8
August 25, 2011
Bateman: Absent Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Absent Thomas: Yes Elliott: Yes Aytes: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR: MOTION/APPROVED: BILL NO. 11-129: ORDINANCE NO. 5642: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT WITH MISSOURI AMERICAN WATER COMPANY FOR THE TERMINATION OF WATER SERVICE FOR NON-PAYMENT OF SEWER BILLS Alderman Hollingsworth moved and Alderman Roberts seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Roberts seconded the motion to read Bill No. 11-129 for the first time. The motion carried and Alderman Elliott read the Bill. Alderman Aytes moved and Alderman Hollingsworth seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Elliott moved and Alderman Aytes seconded the motion to put the Bill to a final vote. The motion was approved and Bill No. 11-129 was passed becoming Ordinance No. 5642.
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Bateman: Absent Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Absent Thomas: Yes Elliott: Yes Aytes: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR:
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MOTION/APPROVED: BILL NO. 11-130: ORDINANCE NO. 5643: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES FOR THE SALT LICK AND MEXICO ROAD INTERSECTION IMPROVEMENT PROJECT
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Alderman Barclay moved and Alderman Roberts seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Roberts seconded the motion to read Bill No. 11-130 for the first time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Roberts moved and Alderman Aytes seconded the motion to read the Bill for the second time. The motion carried and Alderman Roberts read the Bill. Alderman Roberts moved and Alderman Barclay seconded the motion to put the Bill to a final vote. The motion was approved and Bill No. 11-130 was passed becoming Ordinance No. 5643. Bateman: Absent Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Absent Thomas: Yes Elliott: Yes Aytes: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR: MOTION/APPROVED: BILL NO. 11-131: ORDINANCE NO. 5644: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT WITH VAN RU CREDIT CORPORATION FOR COLLECTION SERVICES Alderman Aytes moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Aytes moved and Alderman Hollingsworth seconded the motion to read Bill No. 11-131 for the first time. The motion carried and Alderman Barclay read the Bill. Alderman Barclay moved and Alderman Elliott seconded the motion to read the Bill for the second time. The motion carried and Alderman Thomas read the Bill. Alderman Barclay moved and Alderman Elliott seconded the motion to put the Bill to a final vote. The motion was approved and Bill No. 11-131 was passed becoming Ordinance No. 5644.
Board of Aldermen Minutes: City of St. Peters Page 8 of 8
August 25, 2011
Bateman: Absent Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Absent Thomas: Yes Elliott: Yes Aytes: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR: MOTION/APPROVED: BILL NO. 11-132: ORDINANCE NO. 5645: AN ORDINANCE OF THE CITY OF ST. PETERS, MISSOURI, RATIFYING AND CONFIRMING RESOLUTION NO. 1448 OF THE BOARD OF ALDERMEN; RESCINDING PORTIONS THEREOF; APPROVING THE FORM, TERMS AND PROVISIONS OF A CERTAIN INTERIM STANDSTILL AGREEMENT BY AND BETWEEN THE CITY OF ST. PETERS, MISSOURI, AND ORF CONSTRUCTION; AND, AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE THE SAME
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Alderman Elliott moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Elliott moved and Alderman Hollingsworth seconded the motion to read Bill No. 11-132 for the first time. The motion carried and Alderman Elliott read the Bill. Alderman Elliott moved and Alderman Hollingsworth seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Elliott moved and Alderman Aytes seconded the motion to put the Bill to a final vote. The motion was approved and Bill No. 11-132 was passed becoming Ordinance No. 5645.
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Bateman: Absent Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Absent Thomas: Yes Elliott: Yes Aytes: Yes AYES: 6 NAYS: 0 ABSTENTIONS: 0 ABSENT: 2 MAYOR:
EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION 610.021(1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6) No Executive Session was called at this time.
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Alderman Thomas advised that Alderman Reitmeyer is out of town vacationing with his family. ADJOURNMENT
Alderman Hollingsworth moved and Alderman Elliott seconded the motion to adjourn the Regular Board of Aldermen meeting. The motion was approved and the Regular Board of Aldermen meeting was adjourned at approximately 9:05 p.m. Respectfully submitted,
Patricia E. Smith City Clerk
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APPLICATION
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(Application on file with the City Clerk’s Office)
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I-01 RESOLUTION NO. ________
A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A DEPOSITORY ACCOUNT KNOWN AS “ST. CHARLES URBAN COUNTY CDBG ACCOUNT” BE IT RESOLVED by the City of St. Peters Board of Aldermen that the St. Charles Urban County CDBG Program Account (Account #152310866735) be established at U.S. Bank N.A. (the City’s depository as provided for by Ordinance No. 4987):
_______Treasurer_______ Title
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_____Dale C. Brown_________ Name
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BE IT FURTHER RESOLVED that all checks, drafts, or orders against said accounts be signed by:
on Warrant executed by both of the following: _____Len Pagano Name
______
____
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_____Patricia E. Smith Name
_______Mayor__________ Title _____City Clerk_________ Title
whose signature shall be duly certified to said Bank, and that no checks, drafts, warrants or orders drawn against said bank shall be valid unless so signed. BE IT FURTHER RESOLVED that said Bank is hereby authorized and directed to honor and pay any checks, drafts, warrants or orders so drawn, whether such checks, drafts, warrants or orders be payable to the order of any such person signing and/or countersigning said checks, drafts, warrants or orders, or of any such persons in their individual capacities or not, and whether such checks, drafts, warrants or orders are deposited to the individual credit of the person so signing and/or countersigning said checks, drafts, warrants or orders or to the individual credit of any of the other officiers or not. THIS RESOLUTION shall continue in force and said Bank may consider the facts concerning the holders of said offices, respectively, and their signatures to be and continue as set forth in certificiate of the City Clerk accompanying a copy of this
resolution when delivered to said Bank or in any similar subsequent certificate until written notice to the contrary is duly served on said Bank. Read and adopted this 8th day of September, 2011.
As Presiding Officer and as Mayor Len Pagano, Mayor
Attest:
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Patricia E. Smith, City Clerk
BILL NO. 11-133
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ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO CONTRACTS FOR MEDICAL AND DENTAL BENEFIT SERVICES. WHEREAS, the City of St. Peters is desirous of providing the best possible healthcare benefit services for its employees; and WHEREAS, proposals were evaluated for medical and for dental benefit services; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:
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SECTION NO. 1. That the City Administrator of the City of St. Peters be and he is hereby authorized to execute a contract with United Healthcare for medical and for dental benefit services for City employees and retirees, at the rates shown on Exhibit 1, effective October 1, 2011. SECTION NO. 2 That the City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City. SECTION NO. 3 This Ordinance shall take effect and be in force from and after the date of its final passage and approval.
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Read two times, passed and approved this 8th day of September, 2011.
As Presiding Officer and as Mayor Len Pagano, Mayor
Attest: Patricia E. Smith, City Clerk
EXHIBIT 1 Effective 10/1/2011 Active Employees Single Administration Fee - Per employee Individual Stop Loss - $175,000 Aggregate Stop Loss
Traditional Plan Family $40.11 $25.39 $4.89
$40.11 $56.67 $4.89
High Deductible Health Plan Family Single
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$42.61 $25.39 $4.89
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Administration Fee - Per employee Individual Stop Loss - $175,000 Aggregate Stop Loss
$42.61 $56.67 $4.89
RETIREE Medical Group Rates - Pre 65 011 Plus (500 Deductible) Pre Medicare Retiree & Retiree Spouse $40.11 $25.39 $4.89
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Administration Fee - Per employee Individual Stop Loss - $175,000 Aggregate Stop Loss
Dental Group Rates UHC Option 1
$40.11 $56.67 $4.89
UHC Option 2
Single
$
24.24
$
38.47
Single Plus 1
$
51.73
$
82.13
Family (Actives Only)
$
74.78
$
118.70
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BILL NO. 11-134 ORDINANCE NO.
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AN ORDINANCE ANNEXING CERTAIN ADJACENT TERRITORY (RUNNELS, 1805 ROSEBUD WAY) INTO THE CITY OF ST. PETERS, MISSOURI
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WHEREAS, on July 28, 2011, a verified petition signed by all of the owners of the real estate hereinafter described requesting annexation of said territories into the City of St. Peters, Missouri, were filed with the City Clerk; and WHEREAS, said real estate as hereinafter described is adjacent and contiguous to the present corporate limits of the City of St. Peters, Missouri; and WHEREAS, a Public Hearing concerning said matter was held at the City Hall in St. Peters, Missouri, at the hour of 7:00 p.m. on August 25, 2011; and WHEREAS, notice of said Public Hearing was given by publication of notice at least seven (7) days prior to the hearing in the St. Charles Post, a newspaper of general circulation in the County of St. Charles, State of Missouri; and WHEREAS, at said Public Hearing, all interested persons, corporations or political subdivisions were afforded the opportunity to present evidence regarding the proposed annexations; and WHEREAS, no written objection to the proposed annexations were filed with the Board of Aldermen of the City of St. Peters, Missouri within fourteen (14) days after the public hearing; and
WHEREAS, the Board of Aldermen of the City of St. Peters, Missouri, does find and determine that said annexations are reasonable and necessary to the proper development of the City; and WHEREAS, the City of St. Peters, Missouri, is able to furnish normal municipal services to said areas within a reasonable time after annexation; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI AS FOLLOWS: SECTION 1. Pursuant to the provisions of Section 71.012 RSMo 2000, the following described real estate is hereby annexed into the City of St. Peters, Missouri, to wit: Legal Description Lot 10 of the Resubdivision of Lot 6 Hi-Pointe Subdivision
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together with the street and road rights-of-way abutting said property.
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SECTION 2. The boundaries of the City of St. Peters, Missouri are hereby altered so as to encompass the above described tracts of and lying adjacent and contiguous to the present corporate limits. SECTION 3. That the land described as Norman in Section 1 of this Ordinance shall be part of Ward 3 of the City of St. Peters.
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SECTION 4. The City Clerk of the City of St. Peters is hereby ordered to cause three certified copies of this Ordinance to be filed with the St. Charles County Registrar. SECTION 5. Savings Clause.
Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 6. Severability Clause. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid is no
longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 7. 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 September, 2011.
Attest:
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Patricia E. Smith, City Clerk
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As Presiding Officer and as Mayor Len Pagano, Mayor
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Approved this 8th day of September, 2011.
Attest: Patricia E. Smith, City Clerk
Len Pagano, Mayor
BILL NO. 11-135
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ORDINANCE NO. AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE CORPORATE LIMITS AND ZONING DISTRICT MAP OF THE CITY OF ST. PETERS, MISSOURI, IN RESPONSE TO A VOLUNTARY ANNEXATION OF PROPERTY (RUNNELS, 1805 ROSEBUD WAY)
WHEREAS, the Planning and Zoning Commission of the City, Missouri, has recommended approval to the Board of Aldermen of this rezoning for newly annexed property.
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BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, AS FOLLOWS:
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SECTION 1. That an amended zoning map of the City of St. Peters shall and hereby is adopted as a part of this Ordinance which zoning map has been amended to include the newly annexed territories brought within the corporate limits by Ordinance Number which was passed and approved on September 8, 2011.
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The zoning districts of the newly annexed territories within the corporate limits are bounded and defined as shown on a map entitled "Zoning District Map for the City of St. Peters, Missouri", adopted by the Board of Aldermen and certified by the City Clerk, which accompanies and which, with all explanatory matter thereon, is hereby made a part of this Ordinance, which Ordinance establishes the zoning classification for the newly annexed territories. SECTION 2. The newly annexed tracts, which are hereby established as R-1 Single Family Residential District is described as follows: Legal Description Lot 10 of the Resubdivision of Lot 6 Hi-Pointe Subdivision together with the street and road rights-of-way abutting said property. SECTION 3: The Zoning District Map shall be kept and maintained by the City Clerk and shall be available for inspection and examination by members of the public at all reasonable times as any other public record.
SECTION 4. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 5. Severability Clause
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If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.
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SECTION 6. This ordinance shall be in full force and take effect from and after the date of its final passage and approval.
Attest:
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Read two times, passed, and approved this 8th day of September, 2011.
As Presiding Officer and as Mayor Len Pagano, Mayor
Patricia E. Smith, City Clerk
Approved this 8th day of September, 2011.
Len Pagano, Mayor
Attest:
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Patricia E. Smith, City Clerk
BILL NO. 11-136
I-05 ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 205 OF THE CITY CODE OF THE CITY OF ST. PETERS, MISSOURI AND PROVIDING FOR ANIMAL CONTROL REGULATIONS WHEREAS, the Board of Aldermen finds and determines that it is in the best interest of the residents of the City of St. Peters to amend and modify the existing animal regulations and to enact new animal regulations designed to secure the safety of the residents and the animals in the City of St. Peters; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:
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SECTION NO. 1. That Section 205.070 of the City Code is hereby repealed in its entirety and is hereby amended to read as follows: SECTION 205.070: NUMBER OF ANIMALS ALLOWED PER RESIDENCE
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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. Ten (10) 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 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. 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 months. Only one litter of either puppies or kittens is exempted from the pet limit calculation at any time. (R.O. 2007 §205.070; CC 1979 §5-7; Ord. No. 2169 §1, 7-28-94; Ord. No. 3131 §2, 10-14-99; Ord. No. 5306 §1, 12-17-09) SECTION NO. 2. Section 205.010: DEFINITIONS That the following Definition be repealed in its entirety and is hereby amended to read as follows: PET: Any animal kept for pleasure or fostering rather than utility. Hunting dogs are included in the pet category.
Section 205.010: Definitions will remain the same with the exception of the above amended definition as stated. 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.
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SECTION NO. 5. Effective Date.
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If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer valid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.
This Ordinance shall be in full force and take effect from and after the date of its final passage and approval.
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Read two times, passed, and approved this 8th day of September 2011.
As Presiding Officer and as Mayor Len Pagano, Mayor
Attest: Patricia E. Smith, City Clerk Approved this 8th day of September, 2011.
Len Pagano, Mayor
Attest: Patricia E. Smith, City Clerk
BILL NO. 11-137
I-06
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO AN AGREEMENT WITH SCHULTE SUPPLY FOR THE PURCHASE OF RESIDENTIAL AND COMMERCIAL WATER METERS AND MISCELLANEOUS METER COMPONENTS
WHEREAS, the City of St. Peters owns, as a public utility, a water supply and distribution system operated for the general health, safety and welfare of the community; and
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WHEREAS, in 2006 the City solicited bids for an automated meter reading system, with Neptune being the selected system; and
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WHEREAS, Neptune meters and electronic heads are required for compatibility with the meter reading software; and WHEREAS, Schulte Supply of St. Peters is the sole source provider of Neptune meters in the state of Missouri; and
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WHEREAS, it is recommended that the City enter into an agreement with Schulte Supply for the purchase of residential and commercial water meters along with miscellaneous meter components. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to execute a contract with Schulte Supply in the initial amount of $119,818.34 for residential and commercial water meters and miscellaneous meter components. SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City of St. Peters. SECTION 3. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless 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.
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Read two times, passed, and approved this 8th day of September, 2011.
Attest:
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As Presiding Officer and as Mayor Len Pagano, Mayor
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Patricia E. Smith, City Clerk
Approved this 8th day of September, 2011.
Attest: Patricia E. Smith, City Clerk
Len Pagano, Mayor
BILL NO. 11-138
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ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF ST. PETERS, MISSOURI, TERMINATING THE BOUNDARY AGREEMENT WITH THE CITY OF WELDON SPRING AND DIRECTING THE CITY ADMINISTRATOR TO GIVE NOTICE OF THE TERMINATION OF SUCH BOUNDARY AGREEMENT WHEREAS, on May 26, 1994, pursuant to Ordinance No. 2154, the City of St. Peters, Missouri, (“St. Peters”) entered into a Boundary Agreement (the “Agreement”) with the City of Weldon Spring, Missouri (“Weldon Spring”); and
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WHEREAS, pursuant to the Agreement the cities agreed, among other things, that St. Peters would pay to Weldon Spring one-half (1/2) of all St. Charles County road and bridge taxes related to St. Peters from Wolfrum Meadows and The Highlands subdivisions for the repair and/or maintenance of certain portions of streets located within the City of Weldon Spring (the “Streets”); and
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WHEREAS, pursuant to the terms of the Agreement, for approximately seventeen (17) years St. Peters has made regular payments of funds from its portion of the St. Charles County road and bridge tax to Weldon Spring for the repair and/or maintenance of the Streets; and WHEREAS, nothing in the Agreement expressly, or by implication, establishes a limitation on the Agreement’s duration; and
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WHEREAS, it has been repeatedly held in Missouri that “[a] contract of an indefinite period of time may be terminated at the will of either party,” Knox County Court v. Benson, 706 S.W.2d 215, 217 (Mo. App. 1985); and WHEREAS, the Board of Aldermen of the City of St. Peters, Missouri, does hereby find and determine that the Agreement is no longer in the best interest of the residents 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. The Board of Aldermen does hereby declare the Agreement terminated effective as of the thirtieth day after the notice described in Section No. 2 of this Ordinance is deposited in the United States mail. SECTION NO. 2. The City Administrator is hereby authorized and directed to notify Weldon Spring of the termination of the Agreement, such notice to be sent via United States mail, postage prepaid, and registered mail, return receipt requested.
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.
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If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer valid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.
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Read two times, passed, and approved this 8th day of September, 2011.
Attest:
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As Presiding Officer and as Mayor Len Pagano, Mayor
Patricia E. Smith City Clerk
Approved this 8th day of September, 2011.
Len Pagano, Mayor
Attest: Patricia E. Smith, City Clerk
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