Of the 763 it appears Regions has either 821, or viewed in light most favorable to the availability of spaces - 652 spaces according to Crest Management. For these purposes 652 of the 763 spaces leaving 111 spaces constructed and extent in the Central Garage that he is not aware of anyone having a legal claim. Those 111 combined with the 82 allocated to site 5 under a parking garage agreement and easement entered into in 1983 and 1984 would

07-12-16 BOA Minutes July 12, 2016 Page 4 of 8 suggest that the applicant has a right to 82 spaces and that there is a possibility to acquire a right to 111 more. The data submitted thus far indicates that the applicant has not demonstrated that they can provide parking adequate to meet the City’s parking standards. Jared Novelly, Apex Oil, Apogee, addressed the Board stating that they have been meeting with city staff and have been in discussions with the other property owners and is requesting additional time to continue doing so. He provided a brief historical summary to the Board with regard to the parking and the court documents. Gary Feder, Husch Blackwell, addressed the Board stating that he is in agreement with City Attorney O’Keefe’s conclusion and that the issue here is the parking problem. City Attorney O’Keefe commented with respect to the question of the judgement that has been eluded to he recognizes that this is a dispute of overhead allocation and who pays for what rights and he does not think it’s a dramatic piece of information. He explained that where it plays a role is that the court did affirm that these parking garage agreements and the easement interests are valid, are enforceable, have standing, and were enforced by the court on behalf of Apex Oil against the other property owners. These are valid and binding agreements that give those property owners the right to call and add at their use these parking spaces – an affirmation that the agreements are valid and enforceable.

The motion passed unanimously on a voice vote. AN ORDINANCE TO CONSIDER APPROVING A CONTRACT WITH HR GREEN, INC. FOR DESIGN SERVICES RELATED TO BRENTWOOD BOULEVARD RESURFACING PROJECT

City Manager Owens reported that the City’s Brentwood Boulevard Resurfacing Project was approved for funding through East-West Gateway’s Surface Transportation Program (STP) selection process. The Board of Aldermen approved the execution of the Program Agreement on November 30, 2015. Engineering is planned for 2016 and construction in 2018. Public Works staff performed consultant solicitation in accordance with MoDOT’s Local Public Agency Manual. An advertisement was placed on MoDOT’s website, and sixteen consultants’ submitted qualifications. Upon review of the qualifications, HR Green, Inc. was selected to provide engineering services for the project, with EFK Moen, LLC. serving as sub-consultant. EFK Moen will provide surveying services, and HR Green will handle the remainder of the engineering design. HR Green will provide analysis and design on approximately 37 curb ramps, upgrades to traffic signals for ADA compliance, traffic control details, paving plans, row/easement documents (as needed) and quantities

07-12-16 BOA Minutes July 12, 2016 Page 5 of 8 tabulation. Additionally, as part of the design, the consultant will be evaluating the project corridor for compliance with the Complete Streets Ordinance and potential enhancements, including landscaped medians. In addition to engineering, the grant application estimated $10,000 for right-of-way/easement procurement, and $1,141,140 for construction. The grant includes $513,513 in federal funding for the construction; local funds were planned to be used for the engineering and right-of-way/easement procurement. Total federal funding represents 55% of the project budget on the approved application. These values are included in the FY 2016- 2018 budget. Public Works requests that an additional design contingency of $12,000 be made available for utilization in the event of unforeseen circumstances, upon approval by the Director of Public Works. The Construction portion of the contract will provide for materials testing, and will be funded out of the grant’s construction allocation. Recommendation is to approve the design contract with HR Green in the amount of $115,973.32, plus a design contingency of $12,000 for the Brentwood Boulevard Resurfacing Project. Alderman Boulton stated that she wants a bike lane. City Manager Owens added that the design will include the median area; and that staff has also reiterated to the contractor that they would be required to comply with Complete Streets Ordinance. Also, a resident contacted the city with some suggested ideas and staff has asked the contractor to contact them.