June 27, 2017 — Meeting Minutes

06-27-17 BOA Minutes June 27, 2017 Page 1 of 6 THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue June 27, 2017 7:20 p.m.

Minutes

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

Aldermen: Mark Winings, Joanne Boulton, Alex Berger, Ira Berkowitz, and Michelle Harris

Mayor Sanger City Manager Owens City Attorney Karr

Absent: Rich Lintz

Alderman Berger moved to approve the June13, 2017 minutes. Alderman Boulton seconded.

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

PUBLIC REQUESTS AND PETITIONS

None

AN ORDINANCE TO CONSIDER AN AMENDMENT TO SECTION 405.3990 OF ARTICLE XXIX “OUTDOOR DINING” – 2nd Reading

City Manager Owens reported that this is an ordinance to consider amending Article XXIX “Outdoor Dining”, Section 405.3990, of the City’s Zoning Regulations to allow Fire Department approved outdoor heaters in outdoor dining space located on public property.

The purpose of the proposed amendment is to enhance the customer’s enjoyment of outdoor dining during cooler weather. Allowing outdoor heaters in dining areas on public property may make it more difficult for restaurant owners to maintain the required Pedestrian Access Route, as the heaters will have to compete with the other furnishings commonly found and already allowed in outdoor dining areas. Because outdoor dining fixtures tend to “migrate” by patron use, they can easily protrude into public access paths challenging accessibility to and usability by pedestrians including those with disabilities; however, the heaters will likely only be used for relatively short periods of time (late fall/early spring).

The Plan Commission considered this request at its June 5, 2017 meeting and voted 6-0 to recommend approval as submitted.

Alderman Berger referenced Ordinance 6352, Section 405.3970, C. … continuous pedestrian access route (PAR) meeting at least the minimum requirements of the Americans with Disabilities Act (ADA)…; he expressed concerns that this may not be enforceable or identified in tonight’s ordinance before the Board.

06-27-17 BOA Minutes June 27, 2017 Page 2 of 6 City Manager Owens clarified that the restaurant will be in violation of their license to have outdoor dining if the pedestrian access route is not provided under this and the current ordinance therefore being subject to losing permission to use the outdoor dining.

Alderman Winings introduced Bill No. 6613, an ordinance amending Section 405.3990 of Article XXIX “Outdoor Dining” to be read for the second time by title only. Alderman Boulton seconded.

City Attorney Karr reads Bill No. 6613, an Ordinance Amending Chapter 405 (Zoning Regulations), Article XXIX “Outdoor Dining”, Section 405.3990 to allow Fire Department Approved Heaters in Outdoor Dining Areas that are Located on City/Public Property for the second time by title only.

Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Nay; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6482 of the City of Clayton.

A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING A LOT CONSOLIDATION PLAT 8321 MARYLAND AVENUE

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

City Manager Owens reported that this is a public hearing and subsequent ordinance to consider approving a lot consolidation plat which will consolidate two existing lots. On June 2, 2017, the City of Clayton received an application, plat and supporting documents from Daniel Ehlmann, VP Surveying, Stock & Associates on behalf of Regions Bank, developer/owner under contract, for a lot consolidation plat as part of the development of a new mixed-use project. The development project for this property was approved by the Plan Commission/Architectural Review Board on March 6, 2017 and includes a freestanding bank (Regions Bank), a remote drive- through facility for the bank, a freestanding retail building and a surface parking lot. Due to restrictions of the Building Code, it has been determined that the lots should be consolidated.

The proposed plat consolidates two existing lots (Lots C and D, Block 14 of Clayton Gardens No.3 and No.4 Subdivision) that have historically been under common ownership and addressed as 8321 Maryland Avenue. The consolidated lot measures 34,888 square feet.

The Plan Commission considered this request at its June 19, 2017 meeting and voted unanimously to recommend approval. Staff recommends approval of the plat as presented.

Mayor Sanger closed the public hearing.

Alderman Winings introduced Bill No. 6615, an ordinance to consider approving a lot consolidation for 8321 Maryland Avenue to be read for the first time by title only. Alderman Boulton seconded.

City Attorney Karr reads Bill No. 6615, an Ordinance Providing for the Approval of a Plat Consolidating Two Lots Generally Located at 8321 Maryland Avenue in the City of Clayton, Missouri for the first time by title only.

The motion passed unanimously on a voice vote.

06-27-17 BOA Minutes June 27, 2017 Page 3 of 6 Alderman Winings moved that the Board give unanimous consent to consideration for adoption of Bill No. 6615 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6615, an ordinance to consider approving a lot consolidation for 8321 Maryland Avenue to be read for the second time by title only. Alderman Boulton seconded.

City Attorney Karr reads Bill No. 6615, an Ordinance Providing for the Approval of a Plat Consolidating Two Lots Generally Located at 8321 Maryland Avenue in the City of Clayton, Missouri for the second time by title only.

Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6483 of the City of Clayton.

DISTINGUISHED BUDGET PRESENTATION AWARD City Manager Owens reported that The Government Finance Officers Association (GFOA) established the Distinguished Budget Presentation Awards Program (Budget Awards Program) in 1984 to encourage and assist state and local governments to prepare budget documents of the very highest quality that reflect both the guidelines established by the National Advisory Council on State and Local Budgeting and the GFOA’s best practices on budgeting and then to recognize individual governments that succeed in achieving that goal. The City of Clayton has been recognized for the ninth consecutive year for achieving this goal for FY2017.

AN ORDINANCE TO CONSIDER APPROVING A VACATION OF A PORTION OF AN UNNAMED ALLEY

Alderman Winings recused himself from the meeting at 7:32 p.m.

City Manager Owens reported that Centene Center II, LLC has requested the vacation of a portion of an unnamed fifteen (15) feet wide public alley. A copy of the petition is attached. These vacations are necessary to facilitate the Consolidation Plat for the new Centene development.

The portion of unnamed public alley requested for vacation is no longer needed as an alley. No private rights will be injured or endangered by such vacations, and the public will suffer no loss or inconvenience thereby; however, a utility easement should be reserved to the City within the alley right-of-way, for the purpose of constructing, reconstructing, maintaining, repairing, inspecting, and using utilities, including by way of example, but not limited to, sewer, water, gas, electricity, and telephone. If the utility facilities are removed or relocated in the future, the City may consider releasing the easement at that time. Recommendation is to approve the ordinance vacating a portion of an unnamed fifteen (15) feet wide public alley, but reserving a utility easement to the City within the alley right-of-way.

Alderman Boulton introduced Bill No. 6616, an ordinance to approve the vacation of a portion of an unnamed alley to be read for the first time by title only. Alderman Berger seconded.

06-27-17 BOA Minutes June 27, 2017 Page 4 of 6 City Attorney Karr reads Bill No. 6616, an Ordinance Providing for the Vacation of a Portion of an Unnamed Alley Within Hanley’s Re-Subdivision of Blocks 6, 7, 8, 9 and 20 of Hanley’s Addition to Clayton, Located in Township 45 North, Range 6 East of the 5th Principal Meridian City of Clayton, St. Louis County, Missouri Subject to a Utility Easement Within Such Area for the first time by title only.

The motion passed unanimously on a voice vote.

Alderman Boulton moved that the Board give unanimous consent to consideration for adoption of Bill No. 6616 on the day of its introduction. Alderman Berger seconded.

The motion passed unanimously on a voice vote.

Alderman Boulton introduced Bill No. 6616, an ordinance to approve the vacation of a portion of an unnamed alley to be read for the second time by title only. Alderman Berger seconded.

City Attorney Karr reads Bill No. 6616, an Ordinance Providing for the Vacation of a Portion of an Unnamed Alley Within Hanley’s Re-Subdivision of Blocks 6, 7, 8, 9 and 20 of Hanley’s Addition to Clayton, Located in Township 45 North, Range 6 East of the 5th Principal Meridian City of Clayton, St. Louis County, Missouri Subject to a Utility Easement Within Such Area for the second time by title only.

Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6484 of the City of Clayton.

Alderman Winings rejoined the meeting at 7:35 p.m.

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT WITH NEWSPACE BUSINESS INTERIORS FOR BUNKBED REPLACEMENT IN THE FIRE DEPARTMENT

City Manager Owens reported that The Fire Department is requesting approval of a contract with NewSpace Business Interiors to replace the Fire Department bunkbeds (commonly known as “Murphy” beds).

All bids did not meet the required specifications due to the type of bed and storage closet provided in the bids significantly reduced walking space within the bunkroom. All bidders were invited back to discuss specific needs of the project. Staples and AME Construction could not produce a workable option, with NewSpace producing an option that will meet the fire department’s needs. The new option submitted by NewSpace increased their original bid to $181,491.

The overall bunkroom renovation project will include new flooring, electrical, and painting in addition to the replacement of the bunkbeds.

The Capital Improvement Fund has $170,635 budgeted for the Murphy Bed replacement in FY2017. No budget was provided for the carpet, painting, or electrical work which as subsequently been found to be necessary in association with this project. A Budget Amendment would be requested for the additional required work.

City Staff recommends approval of the contract with Newspace for the bunkbed replacement.

06-27-17 BOA Minutes June 27, 2017 Page 5 of 6 Recommendation is to approve the ordinance authorizing the City Manager to execute an Agreement with NewSpace in the amount of $181,491 for bunkbed replacement.

Alderman Winings introduced Bill No. 6617, an ordinance to consider approving a contract with NewSpace Business Interiors for the Fire Station Bunk Room Renovations to be read for the first time by title only. Alderman Boulton seconded.

City Attorney Karr reads Bill No. 6617, an Ordinance Approving a Contract With Newspace for the Fiscal Year 2017 Bunkroom Renovation Project 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. 6617 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6617, an ordinance to consider approving a contract with NewSpace Business Interiors for the Fire Station Bunk Room Renovations to be read for the second time by title only. Alderman Boulton seconded.

City Attorney Karr reads Bill No. 6617, an Ordinance Approving a Contract With Newspace for the Fiscal Year 2017 Bunkroom Renovation Project for the second time by title only.

Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6485 of the City of Clayton.

Other

Alderman Winings reported on the following: - Joint BOA/CCF meeting held on Friday, June 16 which went very well.

Alderman Boulton reported on the following: - Plan Commission/ARB met and considered the Centene Subdistrict 2B Plan; very nice auditorium.

Alderman Berger reported on the following: - Very positive and well attended Davis Place annual meeting; more than 60 people attended; main topic of concern is safety. - Distributed over 1,000 “Love it? Lock It!” stickers at The Center and throughout the Wards. - Social media communications went out today with regard to a couple of incidents.

Alderman Berkowitz reported on the following: - The Moorlands held its second annual picnic; great event; asked if it is possible to hold/reserve Acorn Park for the next event. - Chief Murphy was personally handing out and promoting “Love it? Lock It’’ stickers to the citizens in Wydown Forest.

Alderman Harris reported on the following: - Chief Murphy was also promoting the stickers in Ward 2 neighborhoods. City Manager Owens also “ran in” to Chief Murphy in Ward 3.

06-27-17 BOA Minutes June 27, 2017 Page 6 of 6

Mayor Sanger reported on the following: - Attended the ClaytonTimes launch party event at Napoli, very well attended; met with the owner who has a long history of political involvement (past mayor of Poplar Bluff) and is especially interested in Clayton news. - Fire Department BBQ fundraiser was a great event. - Attended the St. Louis County Courts dedication ceremony.

Alderman Berger congratulated Mayor Sanger on his new grand-daughter.

Alderman Harris moved that the Board adjourn to a closed meeting, with a closed vote and record, as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, and to discuss matters related to negotiation of a contract pursuant to Section 610.021(12), RSMo. and/or proprietary information pursuant to Sec. 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO. Alderman Berkowitz seconded the motion.

Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye.

There being no further business the meeting was adjourned at 7:50 p.m.

____________________________

Mayor

ATTEST:

____________________________ City Clerk