May 10, 2016 — Meeting Minutes

05-10-16 BOA Minutes May 10, 2016 Page 1 of 6 THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue May 10, 2016

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 III, Rich Lintz, and Ira Berkowitz.

Mayor Sanger City Manager Owens City Attorney O’Keefe

Alderman Boulton moved to approve the April 26, 2016 (1st and 2nd meetings) minutes. Alderman Winings seconded.

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

PUBLIC REQUESTS AND PETITIONS

None

RECOGNITIONS

Mayor Sanger presented a proclamation and a plaque to Laura Stanton, MYAC Adult Sponsor in recognition of her services to the Mayor’s Youth Advisory Council (MYAC).

Mayor Sanger presented certificates to the members of MYAC for their participation.

Mayor Sanger presented a plaque of special recognition to Claire Centeno for her outstanding role in MYAC.

Mayor Sanger announced that Claverach Park has been recognized on the State’s National Register of Historic Places.

PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A TRANSFER OF CONDITIONAL USE PERMIT - 101 SOUTH HANLEY ROAD

Mayor Sanger opened the public hearing and asked for proof of publication.

City Manager Owens reported that this is a public hearing to consider approving a resolution for a transfer of a Conditional Use Permit from Bodley Buck of Clayton, LLC, d/b/a J. Buck’s to Capital Grille Holdings, Inc., d/b/a Capital Grille.

In April, 1999, a Conditional Use Permit was issued for the operation of J. Buck’s, a full-service restaurant on the first floor of the subject building. J. Buck’s recently vacated the premises and Capital Grille Holdings, Inc. is requesting a transfer of the Conditional Use Permit to allow the operation of a new restaurant to be known as Capital Grille.

05-10-16 BOA Minutes May 10, 2016 Page 2 of 6 The Conditional Use Permit issued for the operation of J. Buck’s limited the number of patron seats to one hundred ninety four (194). Capital Grill’s plans provide interior seating for two hundred fifty one (251) patrons.

Additionally, Capital Grille’s interior square footage will be 8,782-square feet; 1,147 square foot larger than the interior space used by J. Buck’s.

Proposed hours of operation are Monday through Thursday from 11:30 – 10 p.m.; Friday from 11:30 – 11 p.m.; Saturday from 4 p.m. – 11 p.m. and Sunday from 4 p.m. – 9 p.m.

Because the restaurant is located in an office building greater than 150,000 square feet with off-street parking, the restaurant is exempt from providing off-street parking.

Recommendation is to approve the requested transfer pursuant to the conditions contained in the Resolution.

In response to the Board’s questions, Art McIntosh, Brand Manager for Capital Grille, addressed the Board stating that one they get through the permit process they will begin renovation of the property. Plans do not include the use of the patio and they anticipate opening within a year. They menu will feature prime cuts of steak and also seafood.

Mayor Sanger closed the public hearing.

Alderman Garnholz moved to approve Resolution No. 16-12, the transfer of a Conditional Use Permit from Bodley Buck of Clayton, LLC, d/b/a J. Buck’s to Capital Grille Holdings, Inc., d/b/a Capital Grille. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

A MOTION TO CONSIDER APPROVING A LIQUOR LICENSE FOR BILLIE-JEAN RESTAURANT AT 7610 WYDOWN BOULEVARD.

City Manager Owens reported that Zoe V, LLC d/b/a Billie-Jean is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 7610 Wydown Boulevard.

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.

Zoe Robinson, owner, addressed the Board stating that she is excluding Sundays.

In response to Alderman Berkowitz’s question, Ms. Robinson explained that the kitchen will have ovens, stove top, and a refrigerator. Her menu will be full service – contemporary American style.

Alderman Boulton asked for clarification of “kitchen” and thought that the Conditional Use Permit had not included a kitchen.

Ms. Robinson further explained that the patio will have four tables (eight seats total). The design plans for the patio will include an enclave “draped closure”.

05-10-16 BOA Minutes May 10, 2016 Page 3 of 6 In response to Alderman Berkowitz’s question, Ms. Robinson stated that they would not use the tables that are outside of Protzels.

Betsy Wack, 7611 Wydown Boulevard, addressed the Board with concerns of maintaining the preservation and integrity of the neighborhood with regard the potential noise from the patio seating.

In response to Alderman Lintz’s question regarding the noise from the former yogurt shop, Mr. Wack stated that the yogurt shop did not have any significant outdoor seating.

Jim Scherl, Muscle Up Fitness, addressed the Board stating that he is in support of the restaurant and feels it would be another “classy” addition to Ms. Robinson’s restaurants. He commented that Ms. Robinson’s restaurants are professionally managed and are very classy.

Julian Hess, 7246 Wydown, addressed the Board stating that with the previous business, the yogurt shop there was always trash on the sidewalks and near the streets from its patrons. He very much welcomes Ms. Robinson’s new restaurant because as she has proven in her current two restaurants they are a first class operation.

David Kraus, 7616 Walinca Terrace, addressed the Board stating that he has seen businesses come and go and that he fully supports the City’s growth. He is concerned on how this process has become “bizarre” with regard to the egress on the sidewalks and that he feels the menu is “veiled” in mystery. He expressed his concerns regarding parking and if the City will consider restrictions in the neighborhood.

Mayor Sanger commented that there are rules on liquor licenses with regard to 50% food sales are required.

In response to Alderman Boulton’s question, Mr. Kraus stated that he has no issue with the restaurant itself.

Alderman Berkowitz inquired as to possibly restricting the time for liquor sales.

Dean Pigeon, 35 Ridgemoor, addressed the Board stating that his wife’s restaurant will be very sophisticated with white linen tables and that it is not a bar that has a happy hour.

Alderman Boulton expressed concerns regarding the outdoor dining and potential parking issues.

Alderman Berger commented that the patio will consist of four tables, two patrons at each table and somewhat enclosed on two sides which is a departure for most of outdoor dining that he’s seen in Clayton for the purpose of trying to be a good neighbor. As to the parking situation he has spent many evenings at I Fratellini and he has never parked anywhere else except in the public lot adjacent to the building or on the most beautiful street in St. Louis, Wydown Boulevard. He doubts that we could prove seriously that there would be parking expansion in to the neighborhoods. He reminded the Board that they are here to consider a liquor license and he would like to move forward on that vote.

Alderman Berkowitz expressed his concerns that 12:00 a.m. was too late for outdoor dining and drinking.

In response to Mayor Sanger’s question, City Attorney O’Keefe explained that he does not see a provision in the City Code that specifically authorizes a restriction. The hours for the facility was set in the Conditional Use Permit which means that with or without a liquor license they are entitled to operate outdoor dining during the time that they will operate the facility.

In response to Alderman Boulton’s question regarding outdoor dining, City Manager Owens stated that no outdoor dining permit has been issued which approval is not guaranteed and also has to meet certain criteria.

Alderman Garnholz inquired to the outdoor dining at Peno Restaurant.

05-10-16 BOA Minutes May 10, 2016 Page 4 of 6 In response to Alderman Berkowitz’s question regarding outdoor dining approval to be brought to the Board, City Attorney O’Keefe explained that this would not be allowed without an amendment to the Code which empowers the staff to administratively handle the outdoor dining permits.

In response to Alderman Boulton’s question regarding proof of the 50% food sales, Janet Watson noted that the City has the right to request an audit of those sales at any time.

Alderman Garnholz moved to approve a liquor license for Billie-Jean Restaurant located at 7610 Wydown Boulevard. Alderman Winings seconded.

The motion passed 5 – Ayes to 2 – Nays (Boulton and Berkowitz).

Presentation of the 2015 PC/ARB Annual Report

Susan Istenes, Director of Planning and Development, provided a brief summary of the 2015 PC/ARB Annual Report that was provided to the Board in the agenda packet.

In response to Alderman Boulton’s question, Ms. Istenes stated that the contracted architectural firm has worked out well in reviewing projects and that they will be getting very busy soon with the new development projects.

In response to Mayor Sanger’s question, Ms. Istenes stated that the reason for a small number of solar panel projects is due to the loss of federal reimbursement funds.

In response to Alderman Lintz’s question, Ms. Istenes confirmed that the majority of the new single family constructions are complete tear-downs.

AN ORDINANCE TO CONSIDER APPROVING THE FY2016 2ND QUARTER BUDGET AMENDMENT

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT FOR THE FIRE DEPARTMENT HVAC IMPROVEMENTS PROJECT

AN ORDINANCE TO CONSIDER APPROVING A BID SUBMITTAL FOR THE CARONDELET PLAZA PAVING PROJECT

City Manager Owens announced that due to additional information (budget numbers, bid data) required to discuss these items it is recommended to postpone discussion and voting until the next meeting. Alderman Garnholz moved to table Bills No. 6554, 6556, and 6557 until the May 24, 2016 meeting. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER APPROVING A CONSTRUCTION CONTRACT FOR THE ALLEY REPAIRS FY2016 PROJECT

City Manager Owens reported that the Public Works Department is requesting approval of a construction contract for the Alley Repairs FY2016 Project. This project will include the reconstruction of various alleys in the Downtown, Forest Court, and Davis Place areas.

Bids were opened at 3:05 p.m. on April 28, 2016. The City received two bids; Gershenson Construction Company, Inc. submitted the lowest, responsive, responsible base bid in the amount of $381,140.00. The final engineer’s estimate for this work was $342,710.00. Mobilization and demolition bids were a bit higher than estimated, but understandable as this year’s project contains tighter working areas in the CBD. Alternate Bids were also received for the Forsyth/S. Central Alley (North/South Alley South of Forsyth/East of S. Central) and

05-10-16 BOA Minutes May 10, 2016 Page 5 of 6 the Bemis Way (Forest Court East/West Alley) at $46,230.00 and $43,075.00 respectively. The second lowest bid came from Byrne & Jones, at $461,733.67, 21.1% higher than Gershenson Construction Company, Inc. The Capital Improvement Fund has $340,000.00 budgeted for this activity in FY2016. The remainder of the balance will come from 2014 Bonds.

City Staff recommends approval of the construction contract with Gershenson Construction Company, Inc. for the base bid value of $381,140.00. In addition to the contract amount, the City Staff requests authorization to approve change orders in an amount not to exceed $40,000, which is approximately 10% of the project cost. 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 Gershenson Construction Company, Inc. in the amount of $381,140.00, plus a contingency of $40,000 for the Alley Repairs FY2016 Project. In response to Alderman Boulton’s question, City Manager Owens confirmed that the City has used this company on several occasions and staff has had a good experience with them. Alderman Garnholz introduced Bill No. 6555, an ordinance to approve a contract for the Alley Improvements Project read for the first time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill No. 6555, an Ordinance approving a Construction Contract for the Alley Improvements Repairs FY2016 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. 6555 on the day of its introduction. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

Alderman Garnholz introduced Bill No. 6555, an ordinance to approve a contract for the Alley Improvements Project to be read for the first time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill No. 6555, an Ordinance approving a Construction Contract for the Alley Improvements Repairs FY2016 Project for the first 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. 6425 of the City of Clayton.

Other

Alderman Garnholz reported on the following:  Congratulations to City Manager Owens on receiving the Jay T. Bell Award at the Missouri City Managers’ Association conference last week.  The Municipal League meeting where Jim Wild, East West Gateway Council of Governments attended. Bradley Brown, Government Affairs Manager, Missouri American Water Company. The water company will be installing new electronic meters in every home. These meters can be read from a transmission “tower” that is installed in the right-of-way or possibly on very tall buildings and they can also detect leaks. The meters will eliminate the need to go into homes for readings. A letter of explanation will be mailed to each residence 30 days prior to the installations. A test study is being performed now in Hazelwood.  Parks & Recreation Commission – Staff provided a report on the past season; daily admissions were up and season passes were down slightly; maintenance expenses have decreased; Fox Sports

05-10-16 BOA Minutes May 10, 2016 Page 6 of 6 Midwest event was successful and hope to get it back sometimes in the future; the ARB approved the Chapman Plaza project which will go out to bid in July and hope to break ground in August/September; Taylor Park construction begins end of May, expecting a six-eight week construction timeline; Shaw park Pool opens May 28; Hanley House will be having a Whiskey Tasting on June 20.

Alderman Winings reported on the following:  Plan Commission/ARB – marathon meeting (over 4 hours) Conceptual review of a four townhouse development in Clayton Gardens at 121 N. Brentwood which will require a zoning amendment; reviewed plans for Capital Grille and the approved the architectural review portion, but the signage was not approved; Apogee Office Tower project received full approvals and recommendations to the Board of Aldermen.

Alderman Boulton reported on the following:  Non-Uniformed Employees’ Retirement Fund – The Board considered a request from Asset Management Group for a price increase (no increase within the last ten years). The Board voted to increase the fee for Asset Management Groups fee from $17,000 to $25,000. The market did not have a lot of change, but the real estate is doing very well.

Alderman Lintz reported on the following:  Clayton Century Foundation Board meeting – unfortunately was not able to attend the entire meeting, but participated in some “fun facts” of the participants.

Mayor Sanger reported that the Chamber of Commerce had two ribbon cuttings: (1) The Bank of Edwardsville at 7700 Bonhomme and (2) Caravus at 168 North Meramec-J.J. Flotken.

City Manager Owens thanked everyone for the award nomination and their surprise attendance at the ceremony.

City Attorney O’Keefe reported that the presiding judge in the St. Louis County Police Takeover entered an order sustaining our Motion for Summary Judgment and declaring the police takeover/standards ordinance to be “invalid and unenforceable.” The judge agreed with the City’s argument that the County does not have authority to usurp municipal police powers as they attempted to do. He commented that the City’s participation in the litigation was meaningful and important. With the Board’s help they were able to persuade the court to appreciate the important principles at stake in this matter.

Alderman Berkowitz 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 Lintz seconded the motion.

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

There being no further regular business the meeting was adjourned at 8:25 p.m.

____________________________

Mayor

ATTEST:

____________________________ City Clerk