September 27, 2016 09-27-16 BOA Minutes Page 1 of 10 THE CITY OF CLAYTON

Board of Aldermen Clayton High School Auditorium September 27, 2016 7:00 p.m.

Minutes

(Note: These minutes include a transcription of the deliberations regarding Centene as prepared by a court reporter)

Mayor Sanger called the meeting to order and requested a roll call. The following individuals were in attendance:

Aldermen: Cynthia Garnholz, Mark Winings, Alex Berger III, Rich Lintz and Ira Berkowitz.

Mayor Sanger City Manager Owens City Attorney O’Keefe

Absent: Joanne Boulton

Alderman Lintz moved to approve the September 13, 2016 minutes. Alderman Winings seconded.

The motion to approve the minutes passed unanimously on a voice vote.

PUBLIC REQUESTS AND PETITIONS

None

A MOTION TO CONSIDER A LIQUOR LICENSE FOR DAJ RESTAURANT, LLC D.B.A. HERBIE’S LOCATED AT 8112 MARYLAND AVENUE

City Manager Owens reported that DAJ Restaurant, LLC d.b.a. Herbie’s is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 8112 Maryland Ave., Clayton, MO

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.

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.