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December 8, 2015 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held December 8, 2015. It records roll call and approval of prior minutes, a public hearing and resolution for a conditional use permit for a restaurant (Danielle’s Place) at 216 N. Meramec Avenue, introduction and unanimous first-reading/adoption consent for Bill No. 6530 concerning continuation of the local sales tax on titling of out-of-state vehicle/boat purchases, and discussion and actions on items including the Brentwood Boulevard resurfacing project (with construction estimate and itemized costs for a landscaped island $186,686 and interlocking paver crosswalk $45,408, total construction estimate $909,056 and a federal match of $513,513), a reciprocal facility use agreement with a 20-year term and automatic five-year renewals, and a liquor-license upgrade request for Craft Beer Cellar at 8113 Maryland Avenue. The minutes record unanimous aye votes on several measures and adjournment at 7:53 p.m.
Cited passage

City Attorney O’Keefe reads Bill No. 6531, an Ordinance Providing for the approval and execution of an STP-Urban Program agreement between the City of Clayton and the Missouri Highways and Transportation Commission and actions related thereto for the first time by title only. The motion passed unanimously on a voice vote. Alderman Garnholz moved that the Board give unanimous consent to consideration for adoption of Bill No. 6531 on the day of its introduction. Alderman Winings seconded. The motion passed unanimously on a voice vote. Alderman Garnholz introduced Bill No. 6531, an ordinance to approve an agreement with MoDOT for the Brentwood Boulevard Resurfacing Project to be read for the second time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6531, an Ordinance Providing for the approval and execution of an STP-Urban Program agreement between the City of Clayton and the Missouri Highways and Transportation Commission and actions related thereto for the second time by title only.

12-08-15 BOA Minutes December 8, 2015 Page 4 of 9 The project will include not only the milling and replacement of 2” of asphalt, but replacement of damaged curb & gutter, improvement of curb ramps to ADA standards, and replacement of Brickprint crosswalks with interlocking paver crosswalks. A landscaped median is also proposed between Shaw Park Drive and Bonhomme Avenue. The landscaped median and interlocking paver crosswalk, referenced above, would not be viewed as an infrastructure need/requirement for the East-West Gateway Council during their selection process. Therefore, if the construction estimate is considered without the cost of the landscaped island ($186,686) and interlocking paver crosswalk ($45,408), the Federal Match (TIP) constitutes fifty-seven percent ($513,513) of the total construction estimate ($909,056). The Missouri Department of Transportation has provided this agreement, which the Missouri Highways and Transportation Commission will not approve if modified in any way. Staff recommendation is to approve the ordinance authorizing execution of an agreement with the Missouri Highways and Transportation Commission for the funding of the Brentwood Boulevard Resurfacing Project. Jeff Leonard, Davis Place resident, addressed the Board with his suggestion to consider extending the median portion of the project further south on Brentwood Boulevard to the 170 overpass from Shaw and Bonhomme Avenues and felt that this is a perfect opportunity during the construction process. He spoke of his concern for pedestrians who walk along Brentwood and also the added safety from the busy traffic that the new median could offer.

Jeff Leonard, Davis Place resident, addressed the Board with his suggestion to consider extending the median portion of the project further south on Brentwood Boulevard to the 170 overpass from Shaw and Bonhomme Avenues and felt that this is a perfect opportunity during the construction process. He spoke of his concern for pedestrians who walk along Brentwood and also the added safety from the busy traffic that the new median could offer. Mayor Sanger commented that he understands his concerns, but unfortunately those additional expenses would be the City’s responsibility which would not be fiscally achievable at this time. Alderman Garnholz introduced Bill No. 6531, an ordinance to approve an agreement with MoDOT for the Brentwood Boulevard Resurfacing Project to be read for the first time by title only. Alderman Winings seconded. In response to Alderman Winings’ question, City Manager Owens stated that the City will hire the engineers and during the design process they can look at different options and modifications. He stressed that the main issue is the money because once the ordinance is approved the City is accepting the grant and it will fulfill the requirements of MoDOT. If any enhancements occur it will be the City’s financial responsibility. City Attorney O’Keefe reads Bill No. 6531, an Ordinance Providing for the approval and execution of an STP-Urban Program agreement between the City of Clayton and the Missouri Highways and Transportation Commission and actions related thereto for the first time by title only. The motion passed unanimously on a voice vote.

12-08-15 BOA Minutes December 8, 2015 Page 5 of 9 Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6402 of the City of Clayton. AN ORDINANCE TO CONSIDER A RECIPROCAL FACILITY USE AGREEMENT BY AND BETWEEN THE CITY OF CLAYTON AND THE SCHOOL DISTRICT OF CLAYTON

City Manager Owens reported that The Reciprocal Facility Use Agreement before you tonight is intended to formalize the way in which the City of Clayton (the “City”) and the School District of Clayton (the “District”) share their facilities, both athletic and others, and the conditions under which they do so. Over the years various agreements have been entered into between the parties, normally in response to a specific need or circumstance (i.e. the construction of the artificial turf field at Gay Field). This has, at times, resulted in conflicting documents. In addition to this issue, there were several facilities that had traditionally been used (i.e. the tennis center) for which no written agreement existed. In those cases, it was up to staff to determine if usage would be allowed and under what conditions. While traditional usage helped make these determinations, it meant that both parties were counting on past practice and good memories to guide decision-making.

In those cases, it was up to staff to determine if usage would be allowed and under what conditions. While traditional usage helped make these determinations, it meant that both parties were counting on past practice and good memories to guide decision-making. As a result of these two issues it was determined that it would be helpful to create one all- inclusive document that would serve as a guide for usage at all facilities owned by either the City of District (with the exception of the Center of Clayton due to its unique ownership structure and the fact that its usage is covered under other agreements). The body of the document covers items related to purpose, ownership, scheduling, maintenance, utilities, insurance, license, term, dispute resolution and several general provisions. The appendices establish priority usage times for facilities as well as detail specific guidelines for each facility. In order to allow for ease in adapting to changing conditions, the City Manager and the Chief Financial Officer for the District will have the ability to make modifications or exception to the agreement through a simple letter of agreement. The term of this agreement will be for twenty (20) years and shall automatically renew for additional five (5) year periods unless either party elects to terminate the Agreement by notifying the other in writing no later than thirty (30) days prior to the end of the current term. Recommendation is to approve the Reciprocal Facility Use Agreement as submitted.

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