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September 27, 2016 — Meeting Minutes

This is the official minutes (including a court-reported transcript excerpt) of a City of Clayton Board of Aldermen meeting held September 27, 2016. The document records attendance, approval of the September 13, 2016 minutes (motion by Alderman Lintz, seconded by Alderman Winings; approved unanimously), a public-requests section (none), consideration of a liquor license application for DAJ Restaurant, LLC d.b.a. Herbie’s at 8112 Maryland Avenue, and an extended public presentation and Q&A about Centene’s proposed Clayton campus expansion that includes traffic, roundabout capacity, and local access concerns. The transcript notes speakers, traffic-volume figures discussed in context (e.g., references to 250 additional cars and a 2,000–5,000 vehicle range during peak periods), and concludes with the certified reporter’s signature and certification of the transcript.
Cited passage
63105. The Police Department has completed its review of the application and supports the issuance of the requested

City Attorney O’Keefe reads Bill No. 6579, an ordinance approving a contract with C. Rallo Contracting Company, Inc. for the Chapman Plaza Site Package in Shaw Park for the first time by title only.

September 27, 2016 09-27-16 BOA Minutes Page 3 of 10 The motion passed unanimously on a voice vote.

Alderman Garnholz moved that the Board give unanimous consent to consideration for adoption of Bill No. 6579 on the day of its introduction. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

Alderman Garnholz introduced Bill No. 6579, an ordinance approving a contract with C. Rallo Contracting Company, Inc. for the Chapman Plaza Site Package in Shaw Park to be read for the second time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill No. 6579, an ordinance approving a contract with C. Rallo Contracting Company, Inc. for the Chapman Plaza Site Package in Shaw Park for the second time by title only. Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6446 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING AN EASEMENT AGREEMENT FOR IMPROVEMENTS TO THE STORMWATER AND SANITARY SEWERS IN SHAW PARK

City Manager Owens reported that the proposed ordinance would approve an easement to be granted to the Metropolitan Sewer District (“MSD”) for the purpose of allowing MSD to maintain sewer improvements and other related appurtenances and improvements, within Shaw Park as shown on Exhibit A. These improvements are part of the Chapman Plaza Project and will be built by the contractors; however, MSD requires that they have access to these improvements for future maintenance purposes.

The easement covers a portion of the northern end of Shaw Park where utilities are being relocated in order to construct the pond.

The Parks & Recreation Department and the City Attorney have reviewed and approved the easement and agreement documents.

Recommendation is to approve the ordinance approving the easement for the Metropolitan Sewer District.

In response to Mayor Sanger’s question, City Manager Owens confirmed that MSD will be responsible for any damages done during construction.

Alderman Garnholz introduced Bill No. 6580, An Ordinance Approving an Easement for Maintenance of Certain Improvements to the Metropolitan Sewer District’s Stormwater and Sewer System to Be Located in Shaw Park to be read for the first time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill No. 6580, An Ordinance Approving an Easement for Maintenance of Certain Improvements to the Metropolitan Sewer District’s Stormwater and Sewer System to Be Located in Shaw Park 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. 6580 on the day of its introduction. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

license. The Planning and Development department has also approved the application with no objections.

The applicant has chosen not to submit a petition from surrounding property owners and first floor tenants. As a result, they are aware that this application must have a super majority vote of five Board members in order to be approved. Staff has requested that a representative be in attendance at the meeting.

Staff recommends passing a motion to approve the liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays.

In response to Alderman Garnholz’s question, Aaron Tietlebaum, owner, confirmed that Bonzo will be joining them at the new location.

Alderman Garnholz moved to approve a liquor license for DAJ Restaurant, LLC, d/b/a Herbie’s. Alderman Winings seconded.

Alderman Garnholz moved to approve a liquor license for DAJ Restaurant, LLC, d/b/a Herbie’s. Alderman Winings seconded.

September 27, 2016 09-27-16 BOA Minutes Page 2 of 10 The motion passed unanimously on a voice vote.

A PUBLIC HEARING TO CONSIDER APPROVING A REZONING AND A SPECIAL DEVELOPMENT PLAN FOR THE CENTENE CLAYTON CAMPUS

Alderman Winings recused himself from the meeting at 7:17 p.m.

Mayor Sanger opened the public hearing and requested proof of publication.

NOTE: a transcription of the deliberations regarding Centene was prepared by a court reporter and is available as part of the official minutes.

Mayor Sanger closed the public hearing.

Bill No. 6577 was adopted and became Ordinance No. 6444 of the City of Clayton.

Bill No. 6578 was adopted and became Ordinance No. 6445 of the City of Clayton.

Alderman Winings rejoined the meeting at 9:18 p.m.

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT WITH C. RALLO CONTRACTING COMPANY, INC. FOR THE CHAPMAN PLAZA SITE PACKAGE IN SHAW PARK

City Manager Owens reported that bid documents for the Chapman Plaza Site Package in Shaw Park Project were issued on August 12, 2016. This work involves the construction of Chapman Plaza and the associated gardens, waterfall, pond, and streetscape. The City received four responsive bids with C. Rallo Contracting Company, LLC as the selected contractor.

According to Kozeny-Wagner, the firm hired to serve as Construction Manager on this project, the three low bids are in line with their estimate of $3,482,533 for this work. In order to ensure that the two low bidders were fully aware of the magnitude of the work involved and to check into their intended work plan, interviews were held with both Hankins and C. Rallo by a panel comprised of staff, the architects and Kozeny-Wagner. Both companies are intending to use the same contractors for the waterfall and boulders as well as electrical and plumbing work. C. Rallo will self-perform the remainder of the work with the exception of landscaping. After completing interviews and checking project references, it was determined that we should award the contract to C. Rallo Contracting as they are the low bid on this project and very capable of doing the work. We are confident that, with oversight by Kozeny-Wagner, this firm will be performing the work to a high standard. It is anticipated that this work will take up to 12 months, with construction starting in late October.

Funding for this project will come from private donations secured by the Clayton Century Foundation, paid through the City’s Capital Fund. We are asking for a 10% contingency on this project due to the unknown nature of excavation in the park.

Recommendation is to approve the ordinance authorizing the execution of a contract with C. Rallo Contracting Company, Inc. in the amount of Three Million, One Hundred and Twenty Thousand Dollars ($3,120,000), plus a contingency of Three Hundred and Twelve Thousand Dollars ($312,000) for the Chapman Plaza Site Package in Shaw Park.

Alderman Garnholz introduced Bill No. 6579, an ordinance approving a contract with C. Rallo Contracting Company, Inc. for the Chapman Plaza Site Package in Shaw Park to be read for the first time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill No. 6579, an ordinance approving a contract with C. Rallo Contracting Company, Inc. for the Chapman Plaza Site Package in Shaw Park for the first time by title only.

Alderman Winings seconded. The motion passed unanimously on a voice vote.

September 27, 2016 09-27-16 BOA Minutes Page 4 of 10 Alderman Garnholz introduced Bill No. 6580, An Ordinance Approving an Easement for Maintenance of Certain Improvements to the Metropolitan Sewer District’s Stormwater and Sewer System to Be Located in Shaw Park to be read for the second time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill No. 6580, An Ordinance Approving an Easement for Maintenance of Certain Improvements to the Metropolitan Sewer District’s Stormwater and Sewer System to Be Located in Shaw Park for the second time by title only. Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6447 of the City of Clayton.

AN ORDINANCE TO CONSIDER A COOPERATIVE RECREATION INCLUSION COORDINATOR AGREEMENT

City Manager Owens reported that the Cooperative Recreation Inclusion Coordinator Agreement is intended to formalize the partnership among the Cities of Clayton, Maryland Heights, Richmond Heights, Webster Groves and University City (collectively herein the “Cities”) to provide inclusion services to their residents. This program has been in place for nearly twenty years and was originally governed by a simple agreement with the Recreation Council of Greater St. Louis. In order to more clearly define the role of the Coordinator of Inclusion Services and to outline the process for selection of the employee this agreement was developed. Not only does it clarify the job duties and responsibilities for the Coordinator of Inclusion Services, it also establishes guidelines governing program costs and associated support for the position. In addition, it defines how accountability and oversight of the program will be handled.

If approved by all five Cities, a full-time employee will be hired by the City of Clayton to fulfill the duties outlined in the Job Description. The cost for this position will be equally shared by the five Cities with additional grant funding provided by the Recreation Council of Greater St. Louis and the Productive Living Board for St. Louis County Citizens with Developmental Disabilities.

The term of this agreement will be for one (1) fiscal year and shall automatically renew on a year-to-year basis absent withdrawal or termination by any of the Cities.

Recommendation is to approve the Cooperative Recreation Inclusion Coordinator Agreement as submitted.

Alderman Garnholz commented that this is a fantastic cooperative effort.

Alderman Garnholz introduced Bill No. 6581, An Ordinance Approving a Cooperative Recreation Inclusion Coordinator Agreement between the City of Clayton And The Cities Of Maryland Heights, Richmond Heights, Webster Groves and University City, Missouri To Provide A Recreation Inclusion Program For The City Of Clayton to be read for the first time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6581, An Ordinance Approving a Cooperative Recreation Inclusion Coordinator Agreement between the City of Clayton And The Cities Of Maryland Heights, Richmond Heights, Webster Groves and University City, Missouri To Provide A Recreation Inclusion Program For The City Of Clayton 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. 6581 on the day of its introduction. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

Alderman Garnholz introduced Bill No. 6581, An Ordinance Approving a Cooperative Recreation Inclusion Coordinator Agreement between the City of Clayton And The Cities Of Maryland Heights,

The motion passed unanimously on a voice vote. Alderman Garnholz introduced Bill No. 6581, An Ordinance Approving a Cooperative Recreation Inclusion Coordinator Agreement between the City of Clayton And The Cities Of Maryland Heights,

September 27, 2016 09-27-16 BOA Minutes Page 5 of 10 Richmond Heights, Webster Groves and University City, Missouri To Provide A Recreation Inclusion Program For The City Of Clayton to be read for the second time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6581, An Ordinance Approving a Cooperative Recreation Inclusion Coordinator Agreement between the City of Clayton And The Cities Of Maryland Heights, Richmond Heights, Webster Groves and University City, Missouri To Provide A Recreation Inclusion Program For The City Of Clayton for the second time by title only.

Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6448 of the City of Clayton.

AN ORDINANCE TO CONSIDER A CONTRACT FOR THE 10 S. BRENTWOOD BOULEVARD ELEVATOR MODERNIZATION PROJECT

City Manager Owens reported that The Public Works Department is requesting approval of a contract for the construction of the 10 S. Brentwood Boulevard Elevator Modernization Project. The two, geared traction elevators were manufactured and installed at different periods by different manufacturers. Elevator No. 1 (aka north elevator) was manufactured and installed by Westinghouse in approximately 1953. Elevator No. 2 (aka south elevator) was manufactured by Armor Elevator in approximately 1979. Both elevators have their original machines and controllers.

Electrodyne fireman’s service overlays for each elevator were added by ThyssenKrupp Elevator in 2012 to provide for a modern fireman’s emergency service operation. The renovation also included replacements of all car and lobby signal and control fixtures, and cab interior upgrades. These elevators were tied together to work from a common hall button. Elevator No. 1 is currently not running, having been locked out and “Red- Tagged” by the State of Missouri inspector due to not recalling on fireman’s emergency service recall.

The scope of work for modernizing both elevators includes: New computerized microprocessor logic control, new motors, and other appurtenances and related building work that may be required. Alternate No. 1 replaces the geared drive machines and appurtenances in lieu of refurbishing the existing machines. Alternate No. 2 replaces the existing hoistway doors.

Bids were opened on September 20, 2016. The City received four (4) bids as shown on the bid tabulation below. Midwest Elevator Company, Inc. submitted the lowest responsive, responsible Base Bid in the amount of $350,065.00.

BIDDER BASE BID ALTERNATE BID #1 ALTERNATE BID #2 Kone $408,647.00 $62,369.00 $51,160.00 Midwest $350,065.00 $97,715.00 $23,839.00 Thyssenkrupp $432,959.00 $83,050.00 $24,774.00 Otis $363,659.00 $61,398.00 $39,144.00

The Capital Improvement Fund has $480,000.00 budgeted for this project. The sum of the Base Bid and Alternates No. 1 & 2 is $471,619.00.

City Staff recommends approval of the contract with Midwest Elevator Company, Inc. for the Base Bid and Alternates No. 1 & 2 at a value of $471,619.00. In addition to the contract amount, City Staff requests authorization to approve change orders in an amount not to exceed $24,500.00, which is approximately 7% of the Base Bid. This contingency would be used to cover expenditures to correct unknown site issues that become apparent during the project.

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