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minutes 2017-05-09 City meeting records #q62479a1c Open original ↗

May 9, 2017 — Meeting Minutes

This is the City of Clayton Board of Aldermen minutes for the May 9, 2017 meeting. The excerpts show roll call and attendance, approval of prior meeting minutes, recognitions, introduction and unanimous adoption (voice votes and recorded ayes) of Bill No. 6610/Ordinance No. 6478 reappointing members to the Daniele Community Improvement District, and discussion/approval steps for a Missouri Highways and Transportation Commission agreement for the Maryland Avenue resurfacing project (total programmed cost $1,264,947; 75% federally funded $948,710; City design/easement cost $114,295; City total contribution including construction $316,237; design 2017, construction 2019). The packet excerpts also include FY2017–FY2018 special events materials (event descriptions, dates, budgets such as Small Business Saturday budget $11,500; Women Business Leaders budget $2,650; Cardinals Home Opener Lunch budget $7,100) and portions of policing/staffing/technology initiative notes.
Cited passage
1976. Mayor Sanger presented certificates to the members of MYAC for their participation.

Finally, the CID is requesting that Greg Mullenix and Michael Mullenix be reappointed and that their terms expire February 12, 2019. Recommendation is to approve the ordinance.

05-09-17 BOA Minutes May 9, 2016 Page 5 of 9 Alderman Winings introduces Bill No. 6610, an ordinance to approve the appointments to the Daniele Community Improvement District Board of Directors to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe Reads Bill No. 6610, an Ordinance of the City of Clayton, Missouri, Approving the Reappointment of Certain Board of Directors for the Daniele Community Improvement District for the first time by title only.

The motion passed unanimously on a voice vote.

Alderman Winings moved that the Board give unanimous consent to consideration for adoption of Bill No. 6610 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduces Bill No. 6610, an ordinance to approve the appointments to the Daniele Community Improvement District Board of Directors to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe Reads Bill No. 6610, an Ordinance of the City of Clayton, Missouri, Approving the Reappointment of Certain Board of Directors for the Daniele Community Improvement District for the second time by title only.

Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6478 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AGREEMENT FOR THE MARYLAND AVENUE RESURFACING PROJECT

City Manager Owens reported that in March of 2016, the City of Clayton applied for a grant from the East-West Gateway Council of Governments to resurface Maryland Avenue from Hanley Road to the west City limits (just west of Gay Ave.). The project qualified for funding through the Surface Transportation Program. Last fall the City received notification that this project has been approved for funding by East-West Gateway and recently were provided the program agreement.

The total programmed project cost is estimated to be $1,264,947.00. Seventy-five percent of the estimated project cost ($948,710.00) will be federally funded through East West Gateways Transportation Improvement Program (TIP). The project design, and any easement/right-of-way acquisition will be funded by the City. This cost is estimated to be $114,295.00 for a total City contribution, with construction, of $316,237.00 (twenty-five percent of project cost). This project is budgeted over 3 years with design beginning in 2017 and construction taking place in 2019.

The programmed project will include the milling and replacement of 2 inches of asphalt, replacement of select curb & gutter where needed, and improvement of curb ramps to ADA standards.

The Missouri Department of Transportation has provided this agreement, which the Missouri Highways and Transportation Commission will not approve if modified in any way.

A PUBLIC HEARING TO CONSIDER APPROVING A RESOLUTION FOR A CONDITIONAL USE PERMIT FOR GARBANZO MEDITERRANIAN FRESH RESTAURANT AT 8143 MARYLAND AVENUE

Mayor Sanger opened the Public Hearing and requested proof of publication. City Manager Owens reported that this is a public hearing to consider an application for a Conditional Use Permit submitted by Alvah Levine, Architect on behalf of James Park, CEO of Garbanzo Mediterranean Grill, LLC, to allow the operation of a 1,652 square-foot, 46 seat restaurant to be known as Garbanzo Mediterranean Fresh (formerly occupied by Companion Bakery).

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The applicant describes the restaurant as “a quick serve casual dining establishment serving Mediterranean food.” Proposed hours of operation are 11:00 a.m. to 10:00 p.m. seven days a week.

Outdoor dining to accommodate 40 patrons will be considered by staff at a later date. The applicant is proposing the addition of a walk-in cooler to the rear of the building, which will be reviewed as part of the building permit process.

Delivery service from the restaurant is not proposed. Deliveries to the restaurant will be made two or three times a week in the morning to the rear of the building. Trash will be stored in existing dumpsters located in the rear of the building. The applicant will participate in a recycling program.

Because the restaurant is less than 3,000-square-feet and located inside of the Central Business District, off-street parking is not required. The property includes 8 off-street parking spaces, accessibly from the alley off of Forsyth Boulevard. According to the restaurant owner, 5 of those spaces will be used by employees and the remaining 3 for use by patrons. Public street parking is available along Maryland Avenue and Forsyth Boulevard.

The Plan Commission considered this request at their meeting of May 1st and voted to recommend approval with the condition that no outdoor music or speakers be allowed.

Recommendation is to approve a Conditional Use Permit for the operation of Garbanzo Mediterranean Fresh at 8143 Maryland Avenue.

Eddie Cherry and Alvah Levine, architect, representatives on behalf of the owner, James Park, addressed the Board to answer questions.

In response to Mayor Sanger’s question, Mr. Levine stated that they are planning to open later in the year.

Mayor Sanger closed the Public Hearing.

Alderman Winings moved to approve Resolution No. 17-09, granting a Conditional Use Permit for Garbanzo Mediterranean Fresh Restaurant located at 8143 Maryland Avenue. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

ALDERMANIC COMMITTEE ASSIGNMENTS

The following assignments are proposed by Mayor Sanger:

Clayton Century Foundation Alderman Mark Winings Alderman Michelle Harris

CRSWC Alderman Alex Berger III Alderman Ira Berkowitz

Plan Commission/ARB Alderman Joanne Boulton

Economic Development Advisory Committee Alderman Alex Berger III Alderman Michelle Harris

Parks & Recreation Commission Alderman Mark Winings Alderman Ira Berkowitz

Public Art Advisory Committee Alderman Joanne Boulton

The motion passed unanimously on a voice vote. ALDERMANIC COMMITTEE ASSIGNMENTS

The following assignments are proposed by Mayor Sanger:

Clayton Century Foundation Alderman Mark Winings Alderman Michelle Harris

CRSWC Alderman Alex Berger III Alderman Ira Berkowitz

Plan Commission/ARB Alderman Joanne Boulton

Economic Development Advisory Committee Alderman Alex Berger III Alderman Michelle Harris

Parks & Recreation Commission Alderman Mark Winings Alderman Ira Berkowitz

Public Art Advisory Committee Alderman Joanne Boulton

05-09-17 BOA Minutes May 9, 2016 Page 4 of 9

Non-Uniformed Employees Retirement Fund Board Alderman Alex Berger III Alderman Rich Lintz

Uniformed Employees Retirement Fund Board Alderman Alex Berger III Alderman Rich Lintz

Sustainability Committee Alderman Ira Berkowitz Alderman Michelle Harris

Other Alderman Rich Lintz-St. Louis County Municipal League

Alderman Winings moved to approve the aldermanic appointments to the Boards and Commissions. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER APPROVING THE APPOINTMENTS TO THE DANIELE COMMUNITY IMPROVEMENT DISTRICT (CID) BOARD OF DIRECTORS

City Manager Owens reported that on February 12, 2013 the City of Clayton created the Daniele Community Improvement District (CID) for the property located at 216 N. Meramec Avenue, now operating as a Hampton Inn & Suites. The CID imposes an additional 1% sales tax on the hotel (including hotel room, restaurant and gift shop sales) and an additional $3.00 per occupied room per night special assessment. The CID uses the revenues from the sales tax and special assessment to reimburse the Developer for certain eligible redevelopment costs totaling $2,250,000.

The CID is governed by a five-member board of directors appointed by the Mayor with the consent of the Board of Aldermen. Only registered voters residing within the CID and the authorized representatives of property owners within the CID may be appointed to the Board of Directors. In this case, the Developer is the sole property owner within the CID. The initial Board of Directors of the CID is as follows: Michael Manna

2 year term Conor Pandl

2 year term John Kudla

2 year term Michael Mullenix

3 year term Greg Mullenix

3 year term The CID is requesting that Michael Manna and Conor Pandl be reappointed and that their terms expire February 12, 2018. The CID is requesting that Kevin Chapman be appointed in place of John Kudla and that his term expire February 12, 2018. Finally, the CID is requesting that Greg Mullenix and Michael Mullenix be reappointed and that their terms expire February 12, 2019.

Recommendation is to approve the ordinance.

The programmed project will include the milling and replacement of 2 inches of asphalt, replacement of select curb & gutter where needed, and improvement of curb ramps to ADA standards. The Missouri Department of Transportation has provided this agreement, which the Missouri Highways and Transportation Commission will not approve if modified in any way.

05-09-17 BOA Minutes May 9, 2016 Page 6 of 9 Recommendation is to approve the ordinance authorizing execution of an agreement with the Missouri Highways and Transportation Commission for the funding of the Maryland Avenue Resurfacing Project.

City Manager Owens added that consideration of bike facilities will be included in the design phase. We have not yet selected the design firm and will of course scope out the work to include adherence with the Complete Streets ordinance most particularly with bike expertise and a great deal of public engagement.

The agreement for your consideration is the standard form from MoDOT that simply says we will accept their terms in receiving grant money. This is a standard form that has been used in every grant and is required by MoDOT on all grants for all projects in the state. You will see on a future agenda an agreement for a design firm which will include the kind of scope you mention.

He also added that they anticipate design consultant selection in June and feels that July-Sept is the best time to have discussions and public engagement. MoDOT was late getting agreements out to Cities this year (approx. 3-4 months), but overall we think we are in a good position with the schedule.

Alderman Winings introduces Bill No. 6611, an ordinance to approve the MODoT agreement for the Maryland Avenue Resurfacing Project to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6611, an Ordinance Providing for the Approval and Execution of a 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 Winings moved that the Board give unanimous consent to consideration for adoption of Bill No. 6611 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduces Bill No. 6611, an ordinance to approve the MODoT agreement for the Maryland Avenue Resurfacing Project to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6611, an Ordinance providing for the Approval and Execution of a 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.

Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6479 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING THE 2ND QUARTER AMENDMENT TO THE FISCAL YEAR 2017 BUDGET

Janet Watson provided the Board with an overview of the amendments that were included in the meeting packet:

The bill was adopted and became Ordinance No. 6479 of the City of Clayton. AN ORDINANCE TO CONSIDER APPROVING THE 2ND QUARTER AMENDMENT TO THE FISCAL YEAR 2017 BUDGET

Janet Watson provided the Board with an overview of the amendments that were included in the meeting packet:

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General Fund

Revenue – Net Increase of $62,860

 DeMun Park – This grant is being received from the Municipal Park Grants for the park design in the amount of $6,400 and will cover a majority of the design costs.  Shared Fire Training Officer – Three cities combined to hire and share the costs of a training officer. Since the employee chosen for the position was currently a Clayton employee, he will remain our employee to continue his benefits. The total salary, benefits and other miscellaneous costs will be divided based on the number of employees covered by the training program in each fire department. The amount of $56,460 represents the amount of reimbursement expected from the other cities for the remainder of FY17.

Expenditures – Net Increase of $78,616

 Interior Office Enhancements – Due to two changes in staffing at the Brentwood building, minor office enhancements were required which total $10,200.  Shared Fire Training Officer – As mentioned above, a portion of this employee’s costs will be reimbursed by the other two cities which are sharing the cost. The amount of estimated additional cost is $44,916 in salary and benefits and $15,500 in other miscellaneous support costs.  DeMun Park – The park design services are estimated to cost $8,000 which is partially offset by a planning grant.

The ordinance incorporates the recommended amendments to the FY17 budget.

Recommendation is to approve the ordinance adopting an amendment to the FY17 budget with a net effect on the City’s fund balances of a decrease of $15,756.

Alderman Winings introduced Bill No. 6612, an ordinance to approve the FY2017 2nd Quarter Budget Amendment to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill NO. 6612, an Ordinance Approving Amending the Fiscal Year 2017 Budget and Appropriating Funds Pursuant Thereto for the first time by title only.

The motion passed unanimously on a voice vote.

Alderman Winings moved that the Board give unanimous consent to consideration for adoption of Bill No. 6612 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6612, an ordinance to approve the FY2017 2nd Quarter Budget Amendment to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6612, an Ordinance Approving Amending the Fiscal Year 2017 Budget and Appropriating Funds Pursuant Thereto for the second time by title only.

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