April 4, 2017 — Meeting Minutes

04-04-17 BOA Minutes April 4, 2016 Page 1 of 5 THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue April 4, 2017 7:00 p.m.

Minutes

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

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

Mayor Sanger City Manager Owens City Attorney O’Keefe (arrived at 7:08 p.m.)

Alderman Boulton moved to approve the March 28, 2017. Alderman Winings seconded.

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

PUBLIC REQUESTS AND PETITIONS

None

AN ORDINANCE TO CONSIDER CONTRACT WITH N.B. WEST CONTRACTING FOR THE FY17 RESURFACING PROJECT

City Manager Owens reported that the Public Works Department is requesting approval of a construction contract for the FY17 Resurfacing Project. In 2016/2017, Horner & Shifrin, Inc. completed the design of the project.

This project will include the replacement of curb ramps that do not meet ADA requirements, the replacement of substandard curb & gutter, minimal storm sewer installation, base repair where necessary, and the removal and replacement of two inches of asphalt surface.

Bids were opened on March 23, 2017. The City received three bids as shown on the attached bid tabulation. N.B. West Contracting Company submitted the lowest responsive, responsible base bid in the amount of $2,248,764.35. The final engineer’s estimate for the base bid was $2,498,660.00. The second lowest bid was from Gershenson Construction at $2,249,382.40, only 0.2% ($618.05) higher than N.B. West’s. The project bid package included add alternate bid’s for select sidewalk slab repairs (Alt. “A”), Hillcrest private street paving (Alt. “B”), and pavement sealer (Alt. “C”). The purposed of Alt. “B” was only to establish the cost of the work (to assist the Hillcrest subdivision) with no intention of being accepted by the City. Hillcrest subdivision plans to enter into a separate contract, with the selected contractor, to pave their private streets. With the inclusion of Alt. “A” & “C”, the bid received by N.B. West Contracting Company is $2,405,309.00, which is under the final engineer’s estimate for this work of $2,696.304.00. The second lowest bid, from Gershenson Construction, was $2,447,026.18, only 1.7% higher than N.B. West’s. The Capital Improvement Fund has $3,540,000 budgeted for this activity in FY 2017.

04-04-17 BOA Minutes April 4, 2016 Page 2 of 5 City Staff recommends approval of the construction contract with N.B. West Contracting Company for the base bid, plus Alt. “A” & “C”, for a value of $2,405,309.00. Additionally, City Staff requests authorization to approve change orders in an amount not to exceed $250,000.00, which is approximately 10% of the contract value. 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 N.B. West Contracting Company in the amount of $2,405,309.00, plus a contingency of $250,000.00 for the FY17 Resurfacing Project.

In response to Mayor Sanger’s question, Dale Houdeshell confirmed that this would be the last resurfacing project related to the bond approval. He also confirmed that N.B. West Contracting also provided the service for the last contract.

Alderman Garnholz introduced Bill No. 6608, an ordinance approving a contract with N.B. West Contracting Company for the Fiscal Year 2017 Resurfacing Project to be read for the first time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill No. 6608, an ordinance approving a contract with N.B. West Contracting Company for the Fiscal Year 2017 Resurfacing 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. 6608 on the day of its introduction. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

Alderman Garnholz introduced Bill No. 6608, an ordinance approving a contract with N.B. West Contracting Company for the Fiscal Year 2017 Resurfacing Project to be read for the second time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill NO. 6608, an ordinance approving a contract with N.B. West Contracting Company for the Fiscal Year 2017 Resurfacing Project for the second 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. 6476 of the City of Clayton.

AN ORDINANCE TO CONSIDER AN AMENDMENT TO CHAPTER 605 TO REAFFIRM THE PROHIBITION AGAINST SHORT-TERM RENTAL OF RESIDENTIAL DWELLINGS

City Manager Owens reported that Missouri law specifies that accommodations operated for hire as lodging for transient guests (persons occupying lodgings for less than thirty days) is the business of hotels, motels and other commercial lodging establishments (Sec. 315.005, RSMo.) and provides appropriate regulations and standards to ensure public health and safety in relation to such businesses.

In order to protect the peaceful enjoyment of property, property values and public health, safety and welfare Clayton zoning regulations currently prohibit the short-term rental of all or a portion of residential dwellings in the City of Clayton.

04-04-17 BOA Minutes April 4, 2016 Page 3 of 5 The Board of Aldermen finds and determines that short-term rental of residential dwellings is inimical to the stability, shared commitment and sense of community that give Clayton its exceptional quality, and that such rentals conflict with the neighborhood environment that makes both our single family and multi-family areas special, welcoming and desirable; and

The Board of Aldermen wishes to amend the City’s Code of Ordinances to make clear that short-term rental of residential property is not permitted in Clayton

Recommendation is to approve the amendment as proposed.

In response to Alderman Berger’s question, Alderman Garnholz stated that “inimical” is a synonym for “contrary to”.

Alderman Garnholz introduced Bill No. 6609, an ordinance approving an amendment to Chapter 605 to reaffirm the prohibition against short-term rental of residential dwellings to be read for the first time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill NO. 6609, an Ordinance Approving an Amendment to Chapter 605 of the Clayton Code to Reaffirm the Prohibition Against Short-Term Rental of Residential Dwellings 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. 6608 on the day of its introduction. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

Alderman Garnholz introduced Bill No. 6609, an ordinance approving an amendment to Chapter 605 to reaffirm the prohibition against short-term rental of residential dwellings to be read for the second time by title only. Alderman Winings seconded.

A RESOLUTION TO CONSIDER APPROVING THE FIVE-YEAR CAPITAL IMPROVEMENTS PLAN FOR INCLUSION IN THE FY 2018 PROPOSED BUDGET DOCUMENT

City Manager Owens reported that at the March 17, 2017, discussion session, staff presented the Board of Aldermen with the recommendations for the funded projects in the five-year Capital Improvements Plan (fiscal years 2018 – 2022). After much discussion regarding specific projects, the Board added the DeMun Sidewalk project to the funded list during that meeting.

This Capital Improvements Plan, once approved, will be incorporated into the proposed City budget document and will be a part of the public hearing process prior to budget approval.

Recommendation is to approve the resolution approving the five-year Capital Improvement Plan funded project list as revised, for inclusion in the FY 2018 proposed City budget.

04-04-17 BOA Minutes April 4, 2016 Page 4 of 5 Alderman Garnholz moved to approve Resolution No. 17-04, approving the Five-Year Capital Improvements Plan for Inclusion in The FY 2018 Proposed Budget Document. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

A RESOLUTION TO APPROVE A CORRECTION TO CLERICAL ERRORS IN ORDINANCES TO ACCURATELY REFLECT THE INTENT AND ACTION OF THE BOARD OF ALDERMEN

City Manager Owens reported that On January 10, 2017 the Clayton Board of Aldermen considered and approved Bills 6594 and 6595 (Ordinance Nos. 6463 and 6464) which contained the following scrivener’s errors: Section 1 (C)(c)(i) of Bill 6594, Ordinance 6463, erroneously stated that it required that Subdistrict 1 access to Forsyth Boulevard be limited to right in and right out only;

And

Section 1(C)(2)(k) of Bill 6595, Ordinance 6464, erroneously stated that it required that South Lyle Avenue at Forsyth Boulevard be constructed to have four [rather than three] lanes.

The specific revisions are as follows:

3. South Lyle Avenue will not be relocated. It will remain in its current location between new Subdistrict 1 and Subdistricts 2A and C) with the following changes:

A. It will be widened to accommodate two northbound lanes to provide separate left and right turn lanes and one southbound lane with parallel parking.

* * *

4. To allow left turns onto Forsyth from Subdistrict 1 and Subdistrict 2A Forsyth parking garage entrances as well as from South Lyle Avenue.

5. Align Subdistrict 1 garage entrance with signaled Forsyth intersection at North Lyle Avenue. Align Subdistrict 2A garage entrance with signaled Forsyth Boulevard intersection with Lee Avenue.

Recommendation is to approve the attached resolution as proposed.

Alderman Winings recused himself.

Alderman Garnholz moved to approve Resolution No. 17-05, to correct clerical errors in ordinances to accurately reflect the intent and action of the Board of Aldermen. Alderman Boulton seconded.

The motion passed unanimously on a voice vote – 6-Ayes.

Alderman Winings rejoined the meeting.

Other

Alderman Garnholz on the following:

04-04-17 BOA Minutes April 4, 2016 Page 5 of 5

 Parks & Recreation Commission – heard a preliminary plan on the ice rink; received good comments; surprisingly strong contingent on creating a bolder design versus the usual Colonial Williamsburg design and to also have lots of windows.

Alderman Boulton reported on the following:  Plan Commission/ARB – the Solire Apartments project (14 Lee Avenue) was pulled by the applicant.  PAAC – met and reviewed the art element for the Vanguard Project. New member Carmon Colangelo shared his professional input of his preference to have the art piece mounted which was also the artist’s preference.

Alderman Berger commented that while at the polls today he heard from several citizens who were excited about the plans for the ice rink. After hearing those comments he has several ideas related to public engagement that he would like to discuss in the future.

Alderman Berkowitz reported on the following:  Opening Day Event - The event was an awesome and exciting time, and a great crowd. He was in awe that they ran out of food (serving around 1,000) in an hours’ time. Thanks to all that helped, especially Janet Watson.  Women’s Event – Great event, encourages continuing this event in the future, suggested to reach out and invite more people; Alderman Garnholz offered to help with the invitation list for the next event.

At Mayor Sanger’s request, Chief Kevin Murphy provided the Board with a brief overview of his Israel trip. He is also preparing a presentation/report to provide to the Board.

Mayor Sanger recapped some of the discussion of the Brentwood Boulevard Resurfacing Project and provided a brief description of his idea for the lanes. He urged the Board to provide suggestions, ideas, and comments to the staff as soon as possible due to the time schedule for the project.

City Manager Owens announced that due to the Centene construction project it would be necessary to close, for approximately six weeks, a portion of Forsyth Boulevard (Hanley Road to Jackson Avenue) to dig up and replace a sewer line/pipe. Staff is diligently working on plans (streets, safety, communication, etc.) in preparation for the closing.

There being no further business the meeting was adjourned at 7:38 p.m.

____________________________

Mayor

ATTEST:

____________________________ City Clerk