July 12, 2016 — Meeting Minutes

07-12-16 BOA Minutes July 12, 2016 Page 1 of 8 THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue July 12, 2016 7:10 p.m.

Minutes

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

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

Mayor Sanger City Manager Owens City Attorney O’Keefe

Absent: Mark Winings

Alderman Boulton moved to approve the June 28, 2016 minutes. Alderman Garnholz seconded.

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

PUBLIC REQUESTS AND PETITIONS

Dickson Beall, resident, addressed the Board providing a presentation and handout (city map) with regard to the City creating marked biking lanes/paths to connect to existing bike paths (i.e. Centennial Greenway) and into Forest Park.

Joseph Watka, 640 W. Polo, addressed the Board with concerns that a neighbor has installed a chicken coop too close to his adjoining property. He urged that the Board take into consideration a possible amendment to the recently adopted ordinance that allows chickens.

A PUBLIC HEARING TO CONSIDER APPROVING A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR 7424 CROMWELL DRIVE

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

City Manager Owens reported that this is a public hearing to consider approving an application for a Conditional Use Permit submitted by Kevin Glines representing EFS Energy, contractor, on behalf of Daniel Scharff, owner, to allow the installation of a ground mounted solar system in the rear yard of the subject property.

The subject property, located on the south side of Cromwell Drive between Audubon Drive and Glenridge Drive, has a zoning designation of R-2 Single Family Dwelling District and contains a two-story single-family residence.

The applicant proposes to install a ground-mounted solar energy system in the rear yard. The solar array will consist of 12 solar panels oriented to the south, and will stand +/- 6 feet tall. The solar panels measure 5.4 feet by 3.3 feet and will be set back 12 feet from the rear property line and more than 12 feet from western side property line. The array will be screened from adjacent properties by an existing wood privacy fence.

07-12-16 BOA Minutes July 12, 2016 Page 2 of 8 The Plan Commission considered this request at its June 20, 2016 meeting and voted unanimously to recommend approval. The Architectural Review Board voted 4-1 to approve the design and materials of the proposed system at its June 20, 2016 meeting.

Staff recommendation is to approve a Conditional Use Permit to allow the installation of a ground-mounted solar system in the rear yard of 7424 Cromwell Drive pursuant to the stipulations and conditions contained in the attached resolution.

In response to Alderman Garnholz’s question, Susan Istenes confirmed that the City this project, a ground- mounted solar system, would be the first of its kind to come before the City for approval.

In response to Alderman Boulton’s question, Kevin Glines, contract, EFS Energy, stated that the Schaarf’s (property owners) considered a roof mount system, but due to the house having a slate roof the owners felt it was not cost effective. The system will be used only as a backup system to power a back up battery system that will be located in the basement of the home.

In response to Alderman Garnholz’s question, Mr. Glines stated that the panel field does not reflect, but will absorb light energy. Therefore, it will not cause a glare for neighboring property owners.

In response to Alderman Berger’s question, Mr. Glines stated that the panes are a 6.5 – 7 feet height which is below the 10 foot maximum requirement per the City’s ordinance.

In response to Alderman Berkowitz’s question, Mr. Glines stated that the system will be 24 feet and will sit in the back yard where there is an existing 6 foot privacy fence.

In response to Alderman Garnholz’s question, Mr. Glines explained that the height of the panels would not be straight up-and-down, but more angled to capture the solar sun.

In response to Alderman Boulton’s question, Mr. Glines stated that installation will not require tree removal.

In response to Mayor Sanger’s question, Mr. Glines stated that any reflection off of the solar panels will primarily be no different than any other structure (i.e. pool, etc.).

Alderman Garnholz noted that the existing fence needs repair.

In response to Alderman Boulton’s question, Mr. Glines stated that the system has a 25 year warranty which will require very little, if any, maintenance. He added that the battery has a 10 year life expectancy, producing four kilowatts per hour when needed.

In response to Mayor Sanger’s question, Mr. Glines stated that although the system can power the whole house during an outage, the intention is to only power up major appliances when needed. Phil Judd, representative of EFS Energy confirmed.

In response to Mayor Sanger’s question, Susan Istenes confirmed that all guidelines have been met per the City’s ordinance.

Mayor Sanger closed the public hearing.

Alderman Garnholz moved to approve Resolution No. 16-13, a conditional use permit for 7424 Cromwell Drive. Alderman Boulton seconded.

The motion passed on a voice vote of 5 – Ayes; to 1 Nay-Alderman Garnholz.

07-12-16 BOA Minutes July 12, 2016 Page 3 of 8 A MOTION TO APPROVE A LIQUOR LICENSE FOR QDOBA MEXICAN GRILL #2923 AT 6701 CLAYTON ROAD

City Manager Owens reported that Qdoba Mexican Grill #2923 is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 6701 Clayton Road.

The Police Department has completed its review of the application and supports the issuance of the requested 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, a representative (did not give name) for Qdoba stated that all of their restaurants sell alcoholic beverages and that they will be installing a frozen margarita machine, and will sell beers and wines.

Alderman Garnholz moved to approve a liquor license for Qdoba Mexican Grill #2923 located at 6701 Clayton Road. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

A PUBLIC HEARING TO CONSIDER A SPECIAL DEVELOPMENT SUBDISTRICT FOR THE PROPERTY ADDRESSED 8125 FORSYTH BOULEVARD

Mayor Sanger noted that the public hearing is open and continued from the June 14 meeting.

Mayor Sanger explained that during the June 14 meeting the testimony received from different experts was so diverse that the Board asked staff and legal service to research information. He asked that City Attorney O’Keefe to provide a brief summary/explanation of his research to the Board and audience.

City Attorney O’Keefe first thanked the interested parties for providing lots of information all of which was very helpful. He received a packet of materials and supporting documents from Mr. Feder on behalf of Shaw Park Plaza,and materials from Apogee/Apex Oil, which included copies of a court judgement involving some of the properties from 1998. He expressed his appreciation for everyone’s cooperation.

He explained that what he tried to do was to summarize as best he could in a graphic format (copy attached) what is an attempt to sort out what he believes to be the rights of entitlements and ownership interests in the available parking within the development site. He said that the “bottom line”,is that the documents appear to suggest to him that the owners of the properties identified as lots 4, 6, 7, 3, 5, and 2 in the Special Development District have easements and contractual rights to 1,371 parking spaces within the central garage. There are a total of 2,134 spaces in that garage and it appears that 821 spaces are consumed or allocated to the Region’s Center, which is lot 1, and is under common ownership with the central garage. Of the 821 spaces allocated, and according to Crest Management, it appears 169 spaces are located within the Regions’ Center’s own building’s footprint. Therefore, lots 2,3,4,5,6,7 have a total of 1,371 spaces entitlement in the garage, which are unallocated/unreserved spaces, but have a right to that many cards to have access, and parking spaces to use.

1,371 out of 2,134 leaves 763 spaces to which he does not have documentation. Of the 763 it appears Regions has either 821, or viewed in light most favorable to the availability of spaces - 652 spaces according to Crest Management. For these purposes 652 of the 763 spaces leaving 111 spaces constructed and extent in the Central Garage that he is not aware of anyone having a legal claim. Those 111 combined with the 82 allocated to site 5 under a parking garage agreement and easement entered into in 1983 and 1984 would

07-12-16 BOA Minutes July 12, 2016 Page 4 of 8 suggest that the applicant has a right to 82 spaces and that there is a possibility to acquire a right to 111 more. The data submitted thus far indicates that the applicant has not demonstrated that they can provide parking adequate to meet the City’s parking standards.

Jared Novelly, Apex Oil, Apogee, addressed the Board stating that they have been meeting with city staff and have been in discussions with the other property owners and is requesting additional time to continue doing so. He provided a brief historical summary to the Board with regard to the parking and the court documents.

Gary Feder, Husch Blackwell, addressed the Board stating that he is in agreement with City Attorney O’Keefe’s conclusion and that the issue here is the parking problem.

City Attorney O’Keefe commented with respect to the question of the judgement that has been eluded to he recognizes that this is a dispute of overhead allocation and who pays for what rights and he does not think it’s a dramatic piece of information. He explained that where it plays a role is that the court did affirm that these parking garage agreements and the easement interests are valid, are enforceable, have standing, and were enforced by the court on behalf of Apex Oil against the other property owners. These are valid and binding agreements that give those property owners the right to call and add at their use these parking spaces – an affirmation that the agreements are valid and enforceable.

Al Hannibal, Greensfelder, Hempker, and Gale Law Firm, representing the Desco Group at 25 N. Brentwood Boulevard, owner of Parcel 6 within the development conceived in 1982. He stated that his clients like the development design and are not opposed to the project, but have serious concerns with regard to the parking.

Alderman Garnholz commented that she is in support of providing additional time for all parties to communicate and to gather data.

Mayor Sanger stated that due to the summer calendar schedule (i.e. vacations) the issue can be tabled and brought back before the Board on August 23.

In response to Alderman Boulton’s inquiry, City Attorney O’Keefe confirmed that easements are considered legal rights.

Alderman Garnholz moved to table the consideration for a Special Development Subdistrict for the property addressed 8125 Forsyth Boulevard and continue the public hearing to the August 23, 2016 meeting. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT WITH HR GREEN, INC. FOR DESIGN SERVICES RELATED TO BRENTWOOD BOULEVARD RESURFACING PROJECT

City Manager Owens reported that the City’s Brentwood Boulevard Resurfacing Project was approved for funding through East-West Gateway’s Surface Transportation Program (STP) selection process. The Board of Aldermen approved the execution of the Program Agreement on November 30, 2015. Engineering is planned for 2016 and construction in 2018.

Public Works staff performed consultant solicitation in accordance with MoDOT’s Local Public Agency Manual. An advertisement was placed on MoDOT’s website, and sixteen consultants’ submitted qualifications. Upon review of the qualifications, HR Green, Inc. was selected to provide engineering services for the project, with EFK Moen, LLC. serving as sub-consultant. EFK Moen will provide surveying services, and HR Green will handle the remainder of the engineering design.

HR Green will provide analysis and design on approximately 37 curb ramps, upgrades to traffic signals for ADA compliance, traffic control details, paving plans, row/easement documents (as needed) and quantities

07-12-16 BOA Minutes July 12, 2016 Page 5 of 8 tabulation. Additionally, as part of the design, the consultant will be evaluating the project corridor for compliance with the Complete Streets Ordinance and potential enhancements, including landscaped medians.

In addition to engineering, the grant application estimated $10,000 for right-of-way/easement procurement, and $1,141,140 for construction. The grant includes $513,513 in federal funding for the construction; local funds were planned to be used for the engineering and right-of-way/easement procurement. Total federal funding represents 55% of the project budget on the approved application. These values are included in the FY 2016- 2018 budget.

Public Works requests that an additional design contingency of $12,000 be made available for utilization in the event of unforeseen circumstances, upon approval by the Director of Public Works. The Construction portion of the contract will provide for materials testing, and will be funded out of the grant’s construction allocation.

Recommendation is to approve the design contract with HR Green in the amount of $115,973.32, plus a design contingency of $12,000 for the Brentwood Boulevard Resurfacing Project.

Alderman Boulton stated that she wants a bike lane.

City Manager Owens added that the design will include the median area; and that staff has also reiterated to the contractor that they would be required to comply with Complete Streets Ordinance. Also, a resident contacted the city with some suggested ideas and staff has asked the contractor to contact them.

Alderman Garnholz introduced Bill No. 6563, an ordinance to approve a contract with HR Green Inc. for the Brentwood Boulevard Resurfacing project to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6563, an Ordinance Approving a Contract With HR Green, Inc., for Engineering Services Related to the Brentwood Boulevard 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. 6563 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Garnholz introduced Bill No. 6563, an ordinance to approve a contract with HR Green Inc. for the Brentwood Boulevard Resurfacing project to be read for the second time by title only. Alderman Boulton seconded.

Alderman Garnholz – 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. 6432 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT FOR THE CONSTRUCTION AND INSTALLATION OF DOWNTOWN WAYFINDING SIGNAGE

City Manager Owens reported that staff is requesting approval of a contract for the construction and installation of wayfinding signage. The scope of work for this project will include the construction and installation of 33

07-12-16 BOA Minutes July 12, 2016 Page 6 of 8 vehicle directional signs, 19 pedestrian directional signs, 3 identity signs, 27 parking identification signs and 7 directory kiosk. All signs will be located according to the recently conducted Wayfinding Study. A copy of the request for proposals is attached to this memo. The response from the recommended firm is also attached.

The City issued a request for proposals (RFP) on May 13, 2016. Two bids were received by 1:00pm June 10, 2016, the stated deadline. The bid tabulation is attached. Kiki Obata & Co., the authors of the Wayfinding Study, was retained to assist staff with the review of bids and required sample signs. Based on the recommendation of Kiku Obata & Co. staff is recommending that the City enter into a contract with Color-Ad for the implementation of the downtown wayfinding system.

The General Fund has $500,000 budgeted for wayfinding implementation. The contract presented is for $329,000. In addition, staff is requesting that the City Manager be authorized to utilize another $32,900 for contingency in the event site conditions require additional expenditures.

Recommendation is to approve the ordinance authorizing a contract with Color-Ad in the amount of $329,000 and authorizing staff to spend an additional $32,900 in necessary.

In response to Alderman Berkowitz’s question, City Manager Owens encouraged the Board to send him any questions that they may have and staff would consult with the contractor.

In response to Alderman Berkowitz’s question, Gary Carter stated that there is a time schedule and the installation will not impact traffic.

Alderman Berger expressed disappointment in the color scheme of black and white.

Mayor Sanger expressed “kudos” to Janet and staff for a great budget book.

Alderman Garnholz introduced Bill No. 6564, an ordinance to approve a contract with Color-Ad for the Wayfinding Signage project to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6564, an Ordinance Authorizing the City Manager to Execute an Agreement with Color-Ad in Connection with Wayfinding Signage Construction and Installation 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. 6564 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Garnholz introduced Bill No. 6564, an ordinance to approve a contract with Color-Ad for the Wayfinding Signage project to be read for the second time by title only. Alderman Boulton seconded.

A RESOLUTION TO CONSIDER APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CLAYTON AND THE CLAYTON CENTURY FOUNDATION

07-12-16 BOA Minutes July 12, 2016 Page 7 of 8

City Manager Owens reported that recently the CCF updated their By-laws and, at the same time, evaluating the original Memorandum of Understanding. While most of those documents remain unchanged, one change to the By-laws requires that the Memorandum of Understanding be amended in order to be consistent with the By-law changes. Before you tonight is a proposed amendment that addresses the requirement that the Board of Aldermen (BOA) appoint three members to the CCF Board of Directors, one from each ward. As the CCF Board of Directors is made up wholly of Clayton residents who represent the entire community it is believed that it is no longer necessary for the BOA to make these appointments. Rather the responsibility for ensuring that there are representatives from all three wards of the City will fall on the CCF Board of Directors. They will be required to inform the BOA each time that a new Director is elected or appointed as to the geographic status of the voting members of the CCF’s Board of Directors, including representation from each Ward of the City. The BOA will continue to appoint two Aldermen who will serve as non-voting members of the CCF’s Board of Directors.

Aldermen Berger and Boulton expressed concerns of the split between wards.

Alderman Lintz clarified that there has always been one appointment from each ward with no control for the other 17 members.

Alderman Garnholz moved to approve the amended MOU with CCF. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

A MOTION TO CONSIDER APPROVAL OF THE DISPOSAL OF CERTAIN RECORDS As the Board is aware, it is the recommended guideline of the Secretary of State to formally approve the disposition of records at the Board of Aldermen level. The following departments are proposing to dispose of the records listed:

Planning Department  Building plans and drawings dated January 1900 through December 2010  All permit documents for multi-family and commercial buildings no longer in existence  Plumbing Permits – o Single Family Residential – All o Multi Family - Repair, alteration, addition o Commercial - Repair, alteration, addition

 Mechanical Permits – o Permits - Single Family Residential – All o Multi Family - Repair, alteration, addition o Commercial - Repair, alteration, addition

 Building Permits – o Single Family Residential – All o Multi Family - Repair, alteration, addition o Commercial - Repair, alteration, addition

All permits for new construction of multi-family and commercial buildings will be kept for the existence of the building per City of Clayton Policy (Missouri Records Retention Schedule requires a minimum retention of 10 years for commercial and 5 years for residential). All permit applications and issued permit copies are retained in permanent files, separate from plans/drawings, and are not included in this request.

07-12-16 BOA Minutes July 12, 2016 Page 8 of 8

Based on the Board’s past discussions, staff has reviewed the records and confirmed that these are materials that meet the retention schedules set forth by the Secretary of State and that these records are no longer needed by staff. We have also verified that this list does not contain any records we would consider to be of an “historical” nature.

Recommendation is to approve a motion to dispose of the records listed above.

In response to Alderman Boulton’s question, City Clerk Frazier stated that an outside company provides the shredding service on-site at City Hall.

Alderman Garnholz moved to approve the destruction of records as listed. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Other

Alderman Garnholz reported on citizen concerns/complaints:  Tree limb fell on Wydown Boulevard almost hitting someone.  Todd Swank, West Brentmoor resident is concerned about the disrepair of the Wydown median (i.e. weeds, leaf removal, and downed tree branches).

Alderman Boulton on the following:  Attended the Qdoba ribbon cutting; very nice store; added feature is a garage door that opens to an outside area.  Attended her first Plan Commission/ARB meeting.

Alderman Berger reported on the following:  Restaurant Week has started out as a success.  CRSWC recently discussed budget, capital plan, and marketing plan.

Alderman Lintz commended the Finance staff on a great work on the budget stating “making remarkable seem routine.”

Alderman Berkowitz reported the following:  CRSWC – agree with Alderman Berger  Commended the police on a recent response – very admirable and very respectable.  Restaurant Week – visited Sauce on the Side, very crowded.

Mayor Sanger reflected on the Dallas tragedy. Chief Murphy added that in light of recent events, over the weekend they have been sending officers “doubled up” out to calls. City Manager Owens added that the police staff has been having conversations with the officers, some even noting that it feels like 9-11 all over again.

There being no further business the meeting was adjourned at 8:21 p.m.

____________________________

Mayor

ATTEST:

____________________________ City Clerk

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July 12, 2016 — Meeting Minutes