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minutes 2016-05-10 City meeting records #q742ba551 Open original ↗

May 10, 2016 — Meeting Minutes

These are the City of Clayton Board of Aldermen minutes for the May 10, 2016 meeting. The excerpts record attendance, approval of prior minutes, recognitions (including awards to Mayor’s Youth Advisory Council members and Claverach Park’s listing), public hearings and actions on conditional use and liquor license requests (including discussion of Billie-Jean at 7610 Wydown Boulevard), and several ordinance items (budget amendment, HVAC, paving) that were tabled to May 24, 2016. The minutes also record approval of a construction contract award for the Alley Repairs FY2016 project (low bid $381,140; engineer’s estimate $342,710), a presentation about new electronic water meters, and a motion (unanimous recorded vote) to adjourn to a closed meeting under specified RSMo sections.
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In response to Alderman Lintz’s question, Ms. Istenes confirmed that the majority of the new single family constructions are complete tear-downs. AN ORDINANCE TO CONSIDER APPROVING THE FY2016 2ND QUARTER BUDGET AMENDMENT

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT FOR THE FIRE DEPARTMENT HVAC IMPROVEMENTS PROJECT

AN ORDINANCE TO CONSIDER APPROVING A BID SUBMITTAL FOR THE CARONDELET PLAZA PAVING PROJECT

City Manager Owens announced that due to additional information (budget numbers, bid data) required to discuss these items it is recommended to postpone discussion and voting until the next meeting. Alderman Garnholz moved to table Bills No. 6554, 6556, and 6557 until the May 24, 2016 meeting. Alderman Winings seconded. The motion passed unanimously on a voice vote. AN ORDINANCE TO CONSIDER APPROVING A CONSTRUCTION CONTRACT FOR THE ALLEY REPAIRS FY2016 PROJECT

City Manager Owens reported that the Public Works Department is requesting approval of a construction contract for the Alley Repairs FY2016 Project. This project will include the reconstruction of various alleys in the Downtown, Forest Court, and Davis Place areas. Bids were opened at 3:05 p.m. on April 28, 2016. The City received two bids; Gershenson Construction Company, Inc. submitted the lowest, responsive, responsible base bid in the amount of $381,140.00. The final engineer’s estimate for this work was $342,710.00. Mobilization and demolition bids were a bit higher than estimated, but understandable as this year’s project contains tighter working areas in the CBD. Alternate Bids were also received for the Forsyth/S. Central Alley (North/South Alley South of Forsyth/East of S. Central) and

Louis, Wydown Boulevard. He doubts that we could prove seriously that there would be parking expansion in to the neighborhoods. He reminded the Board that they are here to consider a liquor license and he would like to move forward on that vote. Alderman Berkowitz expressed his concerns that 12:00 a.m. was too late for outdoor dining and drinking. In response to Mayor Sanger’s question, City Attorney O’Keefe explained that he does not see a provision in the City Code that specifically authorizes a restriction. The hours for the facility was set in the Conditional Use Permit which means that with or without a liquor license they are entitled to operate outdoor dining during the time that they will operate the facility. In response to Alderman Boulton’s question regarding outdoor dining, City Manager Owens stated that no outdoor dining permit has been issued which approval is not guaranteed and also has to meet certain criteria. Alderman Garnholz inquired to the outdoor dining at Peno Restaurant.

05-10-16 BOA Minutes May 10, 2016 Page 4 of 6 In response to Alderman Berkowitz’s question regarding outdoor dining approval to be brought to the Board, City Attorney O’Keefe explained that this would not be allowed without an amendment to the Code which empowers the staff to administratively handle the outdoor dining permits. In response to Alderman Boulton’s question regarding proof of the 50% food sales, Janet Watson noted that the City has the right to request an audit of those sales at any time. Alderman Garnholz moved to approve a liquor license for Billie-Jean Restaurant located at 7610 Wydown Boulevard. Alderman Winings seconded. The motion passed 5 – Ayes to 2 – Nays (Boulton and Berkowitz). Presentation of the 2015 PC/ARB Annual Report

Susan Istenes, Director of Planning and Development, provided a brief summary of the 2015 PC/ARB Annual Report that was provided to the Board in the agenda packet. In response to Alderman Boulton’s question, Ms. Istenes stated that the contracted architectural firm has worked out well in reviewing projects and that they will be getting very busy soon with the new development projects. In response to Mayor Sanger’s question, Ms. Istenes stated that the reason for a small number of solar panel projects is due to the loss of federal reimbursement funds. In response to Alderman Lintz’s question, Ms. Istenes confirmed that the majority of the new single family constructions are complete tear-downs.

05-10-16 BOA Minutes May 10, 2016 Page 5 of 6 the Bemis Way (Forest Court East/West Alley) at $46,230.00 and $43,075.00 respectively. The second lowest bid came from Byrne & Jones, at $461,733.67, 21.1% higher than Gershenson Construction Company, Inc. The Capital Improvement Fund has $340,000.00 budgeted for this activity in FY2016. The remainder of the balance will come from 2014 Bonds. City Staff recommends approval of the construction contract with Gershenson Construction Company, Inc. for the base bid value of $381,140.00. In addition to the contract amount, the City Staff requests authorization to approve change orders in an amount not to exceed $40,000, which is approximately 10% of the project cost. This contingency would be used to cover expenditures to correct unknown site issues that become apparent during the project. Recommendation is to approve the ordinance authorizing a contract with Gershenson Construction Company, Inc. in the amount of $381,140.00, plus a contingency of $40,000 for the Alley Repairs FY2016 Project. In response to Alderman Boulton’s question, City Manager Owens confirmed that the City has used this company on several occasions and staff has had a good experience with them. Alderman Garnholz introduced Bill No. 6555, an ordinance to approve a contract for the Alley Improvements Project read for the first time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6555, an Ordinance approving a Construction Contract for the Alley Improvements Repairs FY2016 Project for the first time by title only. The motion passed unanimously on a voice vote.

City Attorney O’Keefe reads Bill No. 6555, an Ordinance approving a Construction Contract for the Alley Improvements Repairs FY2016 Project 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. 6555 on the day of its introduction. Alderman Winings seconded. The motion passed unanimously on a voice vote. Alderman Garnholz introduced Bill No. 6555, an ordinance to approve a contract for the Alley Improvements Project to be read for the first time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6555, an Ordinance approving a Construction Contract for the Alley Improvements Repairs FY2016 Project for the first time by title only. 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. 6425 of the City of Clayton. Other

Alderman Garnholz reported on the following:  Congratulations to City Manager Owens on receiving the Jay T. Bell Award at the Missouri City Managers’ Association conference last week.  The Municipal League meeting where Jim Wild, East West Gateway Council of Governments attended. Bradley Brown, Government Affairs Manager, Missouri American Water Company. The water company will be installing new electronic meters in every home.

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