CITY OF CLAYTON EXECUTIVE SESSION – 6:00 p.m. TUESDAY ...

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CITY OF CLAYTON EXECUTIVE SESSION – 6:00 p.m.

TUESDAY, OCTOBER 9, 2018 CITY HALL ADMINISTRATIVE CONFERENCE ROOM, 2ND FL

10 N. BEMISTON AVENUE

The Board of Aldermen will hold a closed meeting, with a closed vote and record for one or more of the reasons as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, negotiation of a contract pursuant to Section 610.021(12) RSMO., proprietary information pursuant to Section 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO. _____________________________________________________________

CITY OF CLAYTON BOARD OF ALDERMEN MEETING AGENDA TUESDAY, OCTOBER 9, 2018 – 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 2ND FL

10 N. BEMISTON AVENUE

ROLL CALL

MINUTES – September 12, 2018

PUBLIC REQUESTS & PETITIONS

PUBLIC HEARING

1. Resolution – To approve a Conditional Use Permit for Fresche Eats, LLC for Tropical Smoothie Café located at 159 Carondelet Plaza. (Res. No. 18-17)

• To consider an application to allow the operation of a 1,699 square foot restaurant on the first floor of the subject mixed-use building (The Crescent).

2. Ordinance – To approve a Subdivision Plat for 7739 and 7741 Davis Drive. (Bill No. 6688)• To consider an application, plat and supporting documents for a subdivision plat in support of the

future development of a single-family residence.

REPORT FROM THE CITY MANAGER

1. Motion – To approve a liquor license for MDP Clayton, LLC d/b/a La Palato restaurant located at 222 S. Bemiston Avenue.• To consider a request to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at

222 S. Bemiston Avenue.

2. Resolution – To approve a revised project list for the Clayton Century Foundation. (Res. No. 18-18)• To consider approval to reaffirm the City’s desire that the CCF continue to work to raise funds for the

projects as listed as City of Clayton priorities.

3. Resolution – To support the State of Missouri Proposition D, Motor Fuels Tax. (Res. No.18- 19)19- Supporting State of Missouri Proposition D on the November 6th ballot.

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4. Ordinance – To approve the installation of a new fire hydrant in the 7600 block of Forsyth Boulevard. (Bill No. 6689)• To consider a new fire hydrant installation due to the recent infrastructure modifications.

5. Ordinance – To approve a contract for the roof replacement of property located at #2 Oak Knoll Park. (Bill No. 6690)• To consider approving a contract with Old World Roofing, Inc. for the removal and replacement of the

existing slate roof system, gutters and downspouts.

6. Ordinance – To approve a contract for the purchase of property located at 111 North Central Avenue. (Bill No. 6691)• To consider approval to authorize the execution of a contract with Opus Development Company, LLC

for the purchase of the property.

7. Ordinance – To approve an amendment to the sales agreement for 227 S. Central Avenue. (Bill No. 6692)• To consider a request by the applicant to amend the sales agreement.

8. Ordinance – To approve a contract with 21ST Century Policing Solutions. (Bill No. 6693)• To consider approval of a contract with 21st Century Policing Solutions to assist with developing and

implementing a process to assess and build stronger relationships with the City, Police Department, and the community.

9. FY2018 3rd Quarter Financial Report.

10. Ordinance – To approve a 3rd Quarter amendment to the FY2018 Budget. (Bill No. 6694)• As part of the quarterly budget review, staff is presenting for consideration the third amendment to the

Fiscal Year 2018 (FY18) budget

ADJOURNMENT

Subject to a motion duly made in open session and a roll call vote pursuant to Section 610.022 the Board of Aldermen may also hold a closed meeting, with a closed vote and record for one or more of the reasons as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, negotiation of a contract pursuant to Section 610.021(12) RSMO., proprietary information pursuant to Section 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO.

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09-12-18 Joint BOA and BOE MinutesSeptember 13, 2016Page 1 of 1

Joint Board of Aldermen and Board of Education Meeting The Center of Clayton September 12, 2018

6:10 p.m.

Minutes

Attendance:

City of Clayton Board of Aldermen - Mayor Harold J. Sanger, Alderman Joanne Boulton, Alderman Rich Lintz, Alderman Ira Berkowitz, Alderman Michelle Harris, Alderman Mark Winings, Alderman Bridget McAndrew, and City Clerk June Frazier.

City of Clayton Staff - City Manager Craig S. Owens, Patty DeForrest, Director of Parks & Recreation, Toni Siering, Assistant Director of Parks & Recreation, Director of Finance and Administration, and Andrea Muskopf, Assistant to the City Manager.

Board of Education - Kristin Redington, Lily Raymond, Amy Rubin, Jason Wilson, Brad Bernstein, Joe Miller, Gary Pierson.

School District of Clayton – Dr. Sean Doherty, Superintendent, Mary Jo Gruber, Finance Director, and Barbara P. Moore, Executive Assistant to the Superintendent.

CRSWC - Todd Thomason

MYAC Mayor Sanger introduced the members of the 2018-2019 Mayor’s Youth Advisory Council – Community Advisor Cheryl Redohl, Ian McCormick, Myles Rosenblum, Leah Levenson, Andrew Wang, Jillian Straetker, Jacob LaGesse, Mayor Harold Sanger, Kyle Miller, Mac Redohl, Tucker Hall, Sarah Freedman, and Faculty Advisor Josh Meyers.

Patty DeForrest provided a presentation on the CRSWC Annual update and report.

There being no further business the joint meeting was adjourned at 6:55 p.m.

____________________________ Mayor

ATTEST:

____________________________ City Clerk

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09-12-18 BOA Minutes September 12, 2018 Page 1 of 3

Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition

THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue

September 12, 2018 7:10 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, Rich Lintz, Ira Berkowitz, Michelle Harris, and Bridget McAndrew. Mayor Sanger City Manager Owens Absent: City Attorney O’Keefe Motion made by Alderman Boulton to approve the August 28, 2018. Alderman Lintz seconded. Motion to approve the minutes passed unanimously on a voice vote. PUBLIC REQUESTS AND PETITIONS Harold Sarner, representing residents of the North Brentwood condominiums, addressed the Board with concerns on the bike lanes project on Maryland Avenue. He expressed the residents’ opposition to the proposed project. MOTION TO CONSIDER A LIQUOR LICENSE FOR LOLA & PENELOPE’S LOCATED AT 7742 FORSYTH BOULEVARD City Manager Owens reported that Lola & Penelope’s is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the package, including Sundays, at 7742 Forsyth Boulevard. Carol Will, owner, addressed the Board to answer questions. Motion made by Alderman Winings to approve a liquor license for Lola & Penelopes located at 7742 Forsyth Boulevard. Alderman Boulton seconded. The motion passed unanimously on a voice vote. AN ORDINANCE AND AN AMENDMENT TO CONSIDER APPROVING THE PROPERTY TAX LEVIES FOR TAX YEAR 2018 (FY2019) – 2nd READING City Manager Owens reported that there has been one change since the first reading of the ordinance. The levies have been revised due to the county Board of Equalization process, which is now complete, and the recoupment calculations as mentioned above. In general, the assessed values and new construction amounts decreased from the Board of Equalization

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process. Therefore, the ordinance will need to be amended to accept these changes from the previous reading. Alderman Winings introduced Bill No. 6686, an ordinance to approve the Property Tax Levies for Tax Year 2018 (FY2019) to be read for the second time by title only. Alderman Boulton seconded. City Clerk Frazier reads Bill No. 6686, second reading, an Ordinance and an Amendment Levying and Establishing the Rate of Annual Taxes for General Municipal Purposes; Police Building Debt Service; General Obligation Debt Service; and Special Business District Purposes to be Collected by the City of Clayton, Missouri, for the Year 2018, Including Resetting Certain Tax Rates to the Voter-Approved Tax Rate Ceiling and Articulating Reasons for Doing So. The bill, having received majority approval was adopted and became Ordinance No. 6551 of the City of Clayton Note: the draft ordinance was erroneously titled as Bill No. 6627, the correct Bill No. is 6686 as originally read by Alderman Winings. Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew, and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6551 of the City of Clayton AN ORDINANCE AND AN AMENDMENTTO CONSIDER APPROVING THE FY 2019 OPERATING AND CAPITAL IMPROVEMENTS BUDGET – 2nd READING Note: the draft ordinance was erroneously titled as Bill No. 6628, the correct Bill No. is 6687 Alderman Winings introduced Bill No. 6687, an ordinance to approve the FY2019 Operating and Capital Improvement Budget to be read for the second time by title only. Alderman Boulton seconded. City Clerk Frazier reads Bill No. 6687, second reading, an Ordinance and Amendment Adopting an Annual Budget for Fiscal Year 2019 Commencing on October 1, 2018 and Appropriating Funds Pursuant Thereto. Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew, and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6551 of the City of Clayton. MOTION TO CONSIDER APPROVING THE CRSWC FY2019 BUDGET Patty DeForrest, Director of Parks & Recreation, addressed the Board to answer questions. Motion made by Alderman Winings to approve the FY2019 CRSWC Budget. Alderman Boulton seconded. The motion passed unanimously on a voice vote. Other

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Alderman Winings reported on the following: • Parks & Recreation Commission

o Reviewed the outline for a temporary dog park. o An update on the ice rink is planned.

• Charter Advisory Task Force o Met last week; one final meeting is planned.

Alderman Lintz reported on the following:

• Planning/ARB Commission o Lots of residential issues; the 8120 Stratford garage project passed unanimously.

Alderman Harris reported that after the flooding event on June 19 a group of Ward 2 residents are continuing to work with MSD to prevent future. Alderman McAndrew reported on the following:

• Art Fair – although the weather was not as expected there was still a great crowd attendance both Saturday and Sunday.

• She received her plaque from the Clayton Century Foundation in recognition of her century old home.

Mayor Sanger reported on the following:

• Wellbridge Center ribbon cutting. • Art Fair – great event.

Motion was made by Alderman McAndrew 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 Harris seconded the motion. Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew, and Mayor Sanger – Aye. There being no further regular business the meeting was adjourned at 8:40 p.m. ____________________________ Mayor ATTEST: ____________________________ City Clerk

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City Manager 10 N. Bemiston Avenue Clayton, MO 63105

REQUEST FOR BOARD ACTION

TO: MAYOR SANGER; BOARD OF ALDERMEN

FROM: CRAIG S. OWENS, CITY MANAGER SUSAN M. ISTENES, AICP, DIRECTOR, PLANNING & DEV. SERVICES

DATE: OCTOBER 09, 2018

SUBJECT: PUBLIC HEARING & RESOLUTION - A CONDITIONAL USE PERMIT FOR 159 CARONDELET PLAZA, TROPICAL SMOOTHIE CAFE

This is a public hearing to consider an application for a Conditional Use Permit submitted by Vijaya Vanukuru, restaurant owner, to allow the operation of a 1,699 square foot restaurant on the first floor of the subject mixed-use building (commonly known as The Crescent) on Carondelet Plaza.

The Tropical Smoothie Café restaurant proposes to be open Monday through Sunday from 7:00 a.m. until 9:00 p.m. The restaurant will provide seating for 38 patrons and will feature sandwiches, wraps, and smoothies. A liquor license will not be requested. Delivery service from the restaurant is not proposed but catering services to schools and business will be offered.

The restaurant is below 3,000 gross square feet of floor area, therefore off-street parking is not required; however, there is sufficient public parking available in the garage and along the street.

Deliveries to the restaurant will be made once a week through the rear door from the loading docks in the commercial parking garage. Trash will be stored in the shared trash compactor in the garage. The applicant does not intend to participate in a recycling program.

The Plan Commission considered this request at its September 17th meeting and voted unanimously to recommend approval as requested.

STAFF RECOMMENDATION: To approve a Conditional Use Permit for the operation of Tropical Smoothie Café at 159 Carondelet Plaza per the conditions outlined in the Resolution.

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RESOLUTION 18-17 WHEREAS, on August 31, 2018, the City received an application and letter from Vijaya Vanukuru, owner of Fresche Eats LLC, requesting a Conditional Use Permit to allow the operation of a 1,699 square foot restaurant to be known as Tropical Smoothie Café at 159 Carondelet Plaza;

WHEREAS, the City Plan Commission considered this request at its September 17, 2018, meeting and voted to recommend approval to the Board of Aldermen; and WHEREAS, pursuant to law, the Board of Aldermen held a public hearing on the matter at their meeting of October 09, 2018; and WHEREAS, the Board of Aldermen held a public hearing with regard to this Conditional Use Permit, after due notice as required by law, at their meeting of October 9, 2018; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF CLAYTON, MISSOURI, AS FOLLOWS: Section 1. Pursuant to the authority of Chapter 405 (Zoning Regulations), Article VII (Conditional Use Permit), of the Code of Ordinances of the City of Clayton, and subject to the terms and conditions set forth in Section 2, below, the approval of a Conditional Use Permit to FRESCHE EATS, LLC, to allow the operation of a Tropical Smoothie Café on the first floor of The Crescent building, to be addressed as 159 Carondelet Plaza is hereby granted. Said property is more particularly described as follows:

UNIT 102 IN THE CRESCENT CONDOMINIUM

IN THE TOWN (NOW CITY) OF CLAYTON, MISSOURI

Section 2. In addition to compliance with all Ordinances of the City of Clayton and Laws of the State of Missouri, the permitted uses shall be conducted so as to comply with the following stipulations and conditions at all times:

(1) The permit shall be granted to FRESCHE EATS, LLC, DBA, TROPICAL SMOOTHIE CAFE (the “Permittee”), and shall not be transferred or assigned without the prior written approval of the City of Clayton.

(2) The property shall be improved, maintained and operated substantially in accordance with the application and letter dated August 31, 2018, and with the plans and specifications as filed with and approved by the City of Clayton. (3) Permitted hours of operation are 7:00 a.m. until 9:00 p.m. Monday through Sunday. (4) All work shall conform to the plans submitted to and approved by the City of Clayton. (5) Any future exterior alterations/renovations must be approved by the City prior to such change. Any exterior signage shall conform to the City’s Sign Ordinance and be approved by the City prior to installation.

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(6) Outdoor seating shall only be allowed with the issuance of an Outdoor Dining Permit as issued by the City’s Planning Department. (7) Deliveries to the restaurant shall comply with Chapter 355, Section 355.030 of the City’s Code. (8) That the Permittee shall, within thirty (30) days of the adoption of the Resolution, notify the City Clerk of the City of Clayton in writing that the conditional use permit authorized hereby is accepted and that the conditions set forth herein are understood and will be complied with.

(9) That Permittee’s failure to comply with any of the conditions provided for in the Resolution may cause immediate termination of the permit.

Section 3. The City Manager of the City of Clayton is hereby authorized and directed to issue a conditional use permit in accordance with the provisions of this Resolution. Said permit shall contain all of the conditions and stipulations set out in Section 2 of this Resolution. Adopted this 09th day of October 2018 ________________________________ Mayor ATTEST: ______________________________ City Clerk

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FROM: CRAIG S. OWENS, CITY MANAGER SUSAN M. ISTENES, AICP, DIRECTOR, PLANNING & DEV. SERVICES


SUBJECT: PUBLIC HEARING & ORDINANCE - SUBDIVISION PLAT FOR 7739, 7741 DAVIS DRIVE

This is a public hearing and subsequent ordinance to consider approving a subdivision plat.

On August 8, 2018, the City of Clayton received an application, plat and supporting documents from Arthur Kotets, owner, for a subdivision plat in support of the future development of a single-family residence.

The proposed plat consolidates two existing lots that have historically been under common ownership and addressed as 7739 and 7741 Davis Drive. The consolidated lot measures 7876 square feet.

The Plan Commission considered this request at its September 4, 2018 meeting and voted unanimously to recommend approval.

Recommendation: Staff recommends approval of the plat as presented.

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BILL NO. 6688

ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PLAT OF CERTAIN PROPERTY GENERALLY LOCATED AT 7739 AND 7741 DAVIS DRIVE IN THE CITY OF CLAYTON, MISSOURI. ________________________________________________________________________________________ WHEREAS, there presently exists in the City of Clayton residentially zoned properties numbered 7739 and 7741 Davis Drive; and WHEREAS, the owner of said properties desires to consolidate two existing lots that have historically been under common ownership and addressed 7739 and 7741 Davis Drive and have submitted the plat of said property to the Board of Aldermen of the City of Clayton for approval, which plat is attached hereto, marked “Exhibit A”, and made part of this Ordinance; and WHEREAS, the City Plan Commission has considered the subdivision plat and recommended approval; and WHEREAS, a public hearing on the proposed plat was held by the Board of Aldermen on September 25, 2018, after due notice as required by law; and WHEREAS, the Board of Aldermen has considered the objectives and criteria specified in Sec. 415.360 of the Clayton City Code and the provisions of Title IV of the City Code in general and finds that the proposed subdivision meets the criteria for approval. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLAYTON, MISSOURI, AS FOLLOWS: Section 1. The subdivision plat of the properties numbered 7739 and 7741 Davis Drive, and more fully described as:

PART OF LOT 7 OF THE DAVIS PLACE SUBDIVISION IN THE CITY OF CLAYTON

ST. LOUIS COUNTY, MISSOURI is hereby approved as attached hereto and marked “Exhibit A” and made part of this ordinance. Section 2. The City Clerk of the City of Clayton is authorized and directed on behalf of the City to sign the approved plat of consolidation of the subject property. Section 3. The owner (applicant) must submit to the City Clerk within 30 days proof of filing with the St. Louis County Recorder of Deeds Office showing the book and page where the approved plat was properly recorded as required by law. Section 3. This Ordinance shall be in full force and effect from and after its passage by the Board of Aldermen. Passed this 9th day of October 2018 ______________________________ Mayor ATTEST: __________________________ City Clerk

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TO: MAYOR SANGER; BOARD OF ALDERMEN FROM: CRAIG S. OWENS, CITY MANAGER (CSO)

JANET K. WATSON, DIRECTOR OF FINANCE & ADMINISTRATION DATE: OCTOBER 9, 2018 SUBJECT: MOTION - A LIQUOR LICENSE FOR MDP CLAYTON, LLC D.B.A. LA PALATO

LOCATED AT 222 S. BEMISTON AVENUE

MDP Clayton, LLC d.b.a. La Palato is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 222 S. Bemiston Avenue.

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.

Recommended Action: Staff recommends passing a motion to approve the liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays.

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PATTY DEFORREST, DIRECTOR OF PARKS & RECREATION

DATE: OCTOBER 9, 2018 SUBJECT: RESOLUTION - REVISED PROJECT LIST FOR THE CLAYTON CENTURY

FOUNDATION TO USE AS FUNDRAISING TARGETS

We are returning to the Board of Aldermen (Board) to confirm the approved project list for the purpose of fundraising by the Clayton Century Foundation (CCF). Since the first list was approved by the Board in 2010, over $7 million has been raised by CCF to help fund projects that have been placed on this list. In addition, a $2.5 million endowment has been established to pay for maintenance costs associated with the largest project, the Chapman Plaza and Falls project on the northern corner of Shaw Park. This list has been updated by the Board of Aldermen several times, most recently on December 13, 2016.

At this time, we are asking that the Board of Aldermen approve the list before you tonight in order to reaffirm the City’s desire that the CCF continue to work to raise funds for these City of Clayton priorities:

Hanley House improvements as recommended in the building assessment; specificprojects to include:

o Hanley House Fire Suppression Systemo Hanley House Interior Restoration

Shaw Park Ice Rink improvements to include:o Construction of new facilityo Endowment for operations

Expansion of green space according to recommendations contained within the 2015 ParkLands Needs Assessment

System wide playground improvements: Listed below is the list in the order of priority in thecity’s capital plan:

o DeMun Parko Shaw Park – by South Sheltero Shaw Park – by Fields 5 & 6

Additional art throughout the City of Clayton according to the Updated City of ClaytonPublic Art Master Plan; specific projects to include:

o Art along Wydown Mediano Solar Kinetic Treeso Art in DeMun Park

Projects contained within the Downtown Master Plan

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Center of Clayton Improvements (in cooperation with the School District of Clayton); specifically, Fitness Center Expansion

Heating/cooling system for Shaw Park Aquatic Center Aqua Climbing Wall for Shaw Park Aquatic Center Century Garden located between Shaw Park Aquatic Center and Shaw Park Ice Rink Support for Events sponsored by the City of Clayton Assistance for Neighborhoods applying for consideration to be on the National Register of

Historic Places Shaw Park South Entrance Landscaping Improvements Bicycle Lockers, Repair Stations and Racks

In addition, we are proposing adding the following projects to the list, based upon discussions held by the Board and CCF at their Joint Meeting on May 18, 2018:

E-cabs Urban Beautification Projects Historic Site Markers

Finally, a specific project that is intended to be a temporary solution for the closure of Anderson Dog Park:

Temporary Dog Park in Brentwood Staff Recommendation: To approve the resolution.

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RESOLUTION NO. 18 -18

A RESOLUTION SUPERSEDING RESOLUTION NO. 16-23 AND APPROVING AN UPDATED LIST OF PROJECTS TO BE FORWARDED TO THE CLAYTON CENTURY FOUNDATION TO BE USED AS TARGETS FOR ITS FUNDRAISING EFFORTS ________________________________________________________________________________ WHEREAS, the Clayton Century Foundation has been created to assist the City of Clayton with fundraising efforts for projects to improve the quality of life in Clayton; and WHEREAS, the Board of Aldermen wishes to provide the Clayton Century Foundation with a revised list of projects it supports for the Foundation to focus its fundraising efforts; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF CLAYTON THAT THE FOLLOWING REVISED LIST OF PROJECTS IS APPROVED FOR FUNDRAISING PURPOSES:

Hanley House improvements as recommended in the building assessment; specific projects to include:

o Hanley House Fire Suppression System o Hanley House Interior Restoration

Shaw Park Ice Rink improvements to include: o Construction of new facility o Endowment for operations

Expansion of green space according to recommendations contained within the 2015 Park Lands Needs Assessment

System wide playground improvements: Listed below is the list in the order of priority in the city’s capital plan:

o DeMun Park o Shaw Park – by South Shelter o Shaw Park – by Fields 5 & 6

Additional art throughout the City of Clayton according to the Updated City of Clayton Public Art Master Plan; specific projects to include:

o Art along Wydown Median o Solar Kinetic Trees o Art in DeMun Park

Projects contained within the Downtown Master Plan Center of Clayton Improvements (in cooperation with the School District of Clayton);

specifically, Fitness Center Expansion Heating/cooling system for Shaw Park Aquatic Center Aqua Climbing Wall for Shaw Park Aquatic Center Century Garden located between Shaw Park Aquatic Center and Shaw Park Ice Rink Support for Events sponsored by the City of Clayton Assistance for Neighborhoods applying for consideration to be on the National Register of

Historic Places Shaw Park South Entrance Landscaping Improvements Bicycle Lockers, Repair Stations and Racks E-cabs Urban Beautification Projects

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Historic Site Markers Temporary Dog Park in Brentwood

This Resolution shall supersede Resolution No. 16-23 of December 13, 2016 on the same subject and shall be in full force and effect from and after its passage by the Board of Aldermen. Adopted this 9th day of October 2018. ______________________________ Mayor ATTEST: ____________________________ City Clerk

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TO: MAYOR SANGER; BOARD OF ALDERMEN FROM: CRAIG A. OWENS, CITY MANAGER (CSO) DATE: OCTOBER 9, 2018 SUBJECT: RESOLUTION – SUPPORTING PROPOSITION D, THE STATE OF MISSOURI

MOTOR FUELS TAX PROPOSAL

Attached is a resolution in support of Proposition D for improving the safety of state highways and local streets and bridges. This proposition will be on the November ballot.

Missouri’s state highways, county roads, municipal streets and bridges are transportation, economic and public safety lifelines. Missouri has not raised its state motor fuels tax since 1996 and has in the ensuing 22 years seen a significant erosion in its purchasing power for road and bridge construction and maintenance.

Proposition D will after full implementation produce more than $124 million in new annual funding for local streets and bridges statewide.

RECOMMENDATION: To approve the resolution in support of Proposition D.

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RESOLUTION NO. 18-19

A RESOLUTION VOICING THE SUPPORT OF THE MAYOR AND MEMBERS OF THE BOARD OF ALDERMEN FOR MISSOURI PROPOSITION D __________________________________________________________________________ WHEREAS, Missouri’s state highways, county roads, municipal streets and bridges are transportation, economic and public safety lifelines, and

WHEREAS, Missouri has 33,856 miles of state highways, 73,698 miles of county roads, 23,000 miles of city streets, 10,400 state-owned bridges and 14,089 bridges owned by local governments, and

WHEREAS, Missouri has not raised its state motor fuels tax since 1996, and has in the ensuing 22 years seen a significant erosion in its purchasing power for road and bridge construction and maintenance, and

WHEREAS, there is a growing awareness among Missouri citizens that our state and local roads and bridges are in dire need of repair; and

WHEREAS, the Missouri General Assembly moved affirmatively in 2018 to address the state’s road and bridge funding crisis by referring House Bill 1460 to the voters, to empower Missouri citizens to have the final say on raising the state motor fuels tax to restore purchasing power and accelerate road and bridge projects, and

WHEREAS, Proposition D will improve the safety of state highways and local streets and bridges; and

WHEREAS, Proposition D will, after full implementation, produce more than $124 million in new annual funding for local streets and bridges statewide, and

WHEREAS, there are state roads and highways with close proximity to Clayton upon which citizens rely for travel and such highways would benefit from timely repair and maintenance; and

WHEREAS, local street projects would also be made possible with the additional funding; and

WHEREAS, the combined positive impact of increased purchasing power for projects, safer roads and bridges, and improved transportation routes to strengthen Missouri’s geographical advantages in business, agriculture, tourism and international commerce, will advance Missouri’s economy and quality of life.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and members of the Board of Aldermen of the City of Clayton hereby support Proposition D that will be presented to Missouri voters on November 6, 2018.

PASSED BY THE BOARD OF ALDERMEN OF THE CITY OF CLAYTON ON THIS 9th DAY OF OCTOBER 2018.

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Mayor Attest: City Clerk

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PAUL V. MERCURIO, INTERIM FIRE CHIEF

DATE: OCTOBER 9, 2018 SUBJECT: ORDINANCE – INSTALLATION OF A NEW FIRE HYDRANT ALONG

THE 7600 BLOCK OF FORSYTH BOULEVARD (SOUTH SIDE)

As part of infrastructure modifications along the 7600 block for Forsyth Boulevard, a new fire hydrant on the south side of Forsyth Boulevard is requested.

The new fire hydrant will be located approximately 200 feet east of the existing fire hydrant at Forsyth Boulevard and Hanley Road approximately 29 feet from the center line of Forsyth Boulevard.

The fire hydrant is to be installed on the existing six-inch water main.

RECOMMENDATION: To approve the ordinance authorizing the installation of a new fire hydrant for the south side of the 7600 block of Forsyth Boulevard.

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BILL NO. 6689

ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE INSTALLATION OF A NEW FIRE HYDRANT ALONG THE 7600 BLOCK OF FORSYTH BOULEVARD IN THE CITY OF CLAYTON ______________________________________________________________________ NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLAYTON, MISSOURI AS FOLLOWS: Section 1. The Missouri American Water Company is hereby authorized to install one fire hydrant to be located approximately 200 feet east of the existing fire hydrant at the southeast corner of Forsyth Boulevard and Hanley Road approximately 29 feet from the center line of Forsyth Boulevard. The fire hydrant is to be installed on the existing six-inch water main. The exact location of the fire hydrant shall be approved by the Chief of the Fire Department prior to installation. Section 2. All the said work is to be done under the supervision of the Director of Public Works or his representative. Section 3. This ordinance shall be in full force and effect from and after the date of adoption by the Board of Aldermen. Adopted this 9th day of October 2018. ____________________________ Mayor ATTEST: __________________________ City Clerk

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TO: MAYOR SANGER; BOARD OF ALDERMEN FROM: CRAIG S. OWENS, CITY MANAGER

PATTY DEFORREST, DIRECTOR OF PARKS & RECREATION


SUBJECT: ORDINANCE – A CONTRACT WITH OLD WORLD ROOFING, INC. FOR THE OAK KNOLL PARK ROOF REPLACEMENT PROJECT

Bid documents for the #2 Oak Knoll Park Roof Replacement Project were issued on August 28, 2018. The scope of work includes removal and replacement of the existing slate roof system, gutters and downspouts on the #2 Oak Knoll Park Building, currently home to the St. Louis Community Foundation.

The City received three responsive bids for this work on September 25, 2018, the results of which are detailed below:

Bidder Bid Kirberg Company $446,640.00 Renaissance Roofing, Inc. $624,700.00 Old World Roofing, Inc. $436,920.00

Staff recommends awarding the contract to Old World Roofing, Inc. as they are the low bid, have extensive experience in slate roof replacement and worked previously with the City on the Hanley House Roof Project in 2008. Their previous work was done on time and within budget.

Funding of $600,000 for this project has been included in the Capital Budget. Due to the age of the roof and the unknown condition of the decking, we are recommending a contingency of 15% or $65,000 for this project. While this is significant, with a nearly 100-year-old roof system, we do anticipate that areas of the decking will need to be rebuilt. This base bid and contingency recommended total $501,920 which is still substantially below the estimated budget of $600,000.

Due to the long lead time on the materials this project will take nearly a year to complete. The slate tiles come from a quarry in Vermont and will not be available until spring; however, the order needs to be placed this fall. Once on site, the work will take up to four months. It is anticipated that all materials will be on site by May 1, 2019 with construction beginning shortly thereafter. The work should be completed no later than the end of September 2019.

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Recommendation: To approve the Ordinance authorizing the execution of a contract with Old World Roofing, Inc. in the amount of Four Hundred Thirty-Six Thousand, Nine Hundred and Twenty Dollars ($436,920.00), plus a contingency of Sixty-Five Thousand Dollars ($65,000) for the Oak Knoll Park Roof Replacement Project.

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Page 3 of 3

BILL NO. 6690

ORDINANCE NO. _____ AN ORDINANCE APPROVING A CONTRACT WITH OLD WORLD ROOFING, INC. FOR THE OAK KNOLL PARK ROOF REPLACEMENT PROJECT __________________________________________________________________________ WHEREAS, the proposed Roof Replacement Project at Oak Knoll Park will preserve a significant structure in the history of Clayton and have a positive impact on the preservation of a facility owned by the City of Clayton: and WHEREAS, the City has advertised for and invited bids for the Roof Replacement Project and the bidder referenced below submitted the lowest and best responsive bid, thereby assuring the most efficient and effective use of the City’s resources;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLAYTON, MISSOURI AS FOLLOWS: Section 1. The City Manager of the City of Clayton, Missouri, is hereby authorized to execute on behalf of the City a contract with Old World Roofing, Inc. in an amount not to exceed Four Hundred and Thirty-six Thousand, Nine Hundred and Twenty Dollars ($436,920.00) in substantially the form attached hereto as Exhibit A and incorporated herein by reference and the City Clerk is authorized to attest such signature and to attach the official seal of the City of Clayton to said contract. Section 2. The Director of Parks and Recreation is authorized to execute Change Orders in an amount not to exceed Sixty-Five Thousand Dollars ($65,000). Section 3. This Ordinance shall be in full force and effect from and after its passage by the Board of Aldermen. Adopted the 9th day of October 2018 _____________________________ Mayor ATTEST: ______________________________ City Clerk

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City of Clayton, Missouri #2 Oak Knoll Park Roof Replacement Project

City-Contractor Agreement C-1

EXHIBIT A

CITY-CONTRACTOR AGREEMENT

This Agreement is made and entered into the _____ day of October 2018, by and between

the City of Clayton, Missouri (hereinafter the "City") and Old World Roofing, Inc., a corporation

with offices located at 2700 Brannon Avenue, St. Louis, MO 63139, (hereafter the “Contractor”).

The project shall be identified as the Project 2019. PK.1610.501 - #2 Oak Knoll Park Roof

Replacement Project.

WITNESSETH:

The Contractor and the City for the consideration set forth herein agree as follows:

ARTICLE I

The Contract Documents

The Contract Documents consist of the Non-Collusion Affidavit, the Contractor’s Affidavit,

all Addenda and all Modifications issued after execution of this Agreement, which together with

this Agreement form the Contract, and are all as fully made a part of the Contract as if attached

to this Agreement or repeated herein. This Contract cannot be modified except by duly authorized

and executed written amendment.

ARTICLE II

Scope of Work

The Contractor, acting as an independent contractor, shall do everything required by the

Contract Documents. Contractor represents and warrants that Contractor has special skills which

qualify Contractor to perform the Work in accordance with the Contract and that Contractor is free

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to perform all such Work and is not a party to any other agreement, written or oral, the

performance of which would prevent or interfere with the performance, in whole or in part, of the

Work. The Scope of Work includes those items referenced in ARTICLE XII and further detailed

in the Job Special Provisions.

ARTICLE III

Time of Completion

The Work to be performed under this Contract shall be completed in accordance with the

time limits set forth in the schedule as established in cooperation with the selected contractor as

well as the Director of Parks & Recreation. This contract will be valid for up to two years from date

of execution.

ARTICLE IV

The Contract Sum and Payments

Based upon Applications for Payment and an Invoice duly delivered by the Contractor to

the City by the twentieth day of the month for work performed, in accordance with the Contract,

the City shall pay the Consultant for the performance of the Work, the sum of Four Hundred Thirty-

Six Thousand, Nine Hundred and Twenty Dollars ($436,920.00) as follows:

(a) On or about the tenth day of each following month, ninety percent (90%) of the portion

of the Contract Sum properly allocable to labor, materials and equipment incorporated into the

Work, and ninety percent (90%) of the portion of the Contract Sum properly allocable to materials

and equipment delivered and suitably stored at the site to be incorporated into the Work, through

the period ending up to the twentieth of the preceding month, less the aggregate of all previous

progress payments;

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b) Within thirty (30) days of substantial completion of the Work, a sum sufficient to increase

the total payments to ninety percent (90%) of the Contract Sum; and

(c) Final payment within thirty (30) days after the Work is certified by the City as fully

completed and accepted by the City including any required documentation.

(d) The foregoing schedule shall not apply if contrary to federal funding requirements or

unless funds from a state grant are not timely received.

(e) Estimates of work performed and materials delivered shall be finally determined by

the City.

(f) The foregoing retainage amounts are agreed to be required to ensure performance

of the Contract.

(g) Payment shall be deemed made when mailed or personally delivered, whichever is

earlier.

ARTICLE V

Performance of the Work

(a) Within fourteen (14) calendar days after being awarded the Agreement, the

Consultant shall develop, in consultation with the city, a schedule for Services that will commence

on November 1, 2018. It is anticipated that the work will be completed no later than September

30, 2019.

(b) Services as defined in the Scope of Work shall govern the frequency and standards

for performance of the work.

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(c) After Commencement of the Work, and until final completion of the Work, the

Contractor shall report to the City as such intervals as the City may reasonably direct, the actual

progress of the work compared to the Schedule. If the Contractor falls behind the Schedule for

services for any reason for which the Contractor is responsible, the Contractor shall promptly take

such action as is necessary to remedy the delay. Any increase in cost incurred in remedying a

delay which is not excusable under Article VI hereof shall be borne by the Contractor.

(d) Completion of the Work in accordance with the time limits set forth in the Construction

Schedule is an essential condition of this Contract. If the Contractor fails to complete the Work in

accordance with the Construction Schedule, unless the delay is excusable under the provisions

of Article VI hereof, the Contractor shall pay the City as liquidated damages and not as a penalty,

the sum of $ 500.00 for each calendar day the Contractor fails to comply with the Construction

Schedule. The total amount so payable to the City as liquidated damages may be deducted from

any sums due or to become due to Contractor from City.

(e) Contractor will comply and satisfy the requirements of Sec. 285.530.2, RSMo. Supp. 2008,

which requires as a condition for the award of any contract or grant in excess of five thousand

dollars by any political subdivision of the State of Missouri to a business entity, that the business

entity shall, by sworn affidavit and provision of documentation, affirm its enrollment and

participation in a federal work authorization program with respect to the employees working in

connection with the contracted service, and requires every such business entity to also sign an

affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in

connection with the contracted services.

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ARTICLE VI

Changes in the Work

(a) The City may make changes within the general scope of the Agreement by altering,

adding to or deducting from the Work, the Contract Sum being adjusted accordingly.

(b) If the requested change would result in a delay in the Schedule, the provisions of

paragraph (c) of Article V and of Article VI hereof shall apply. If the requested change would

result in a decrease in the time required to perform the Work, the completion date and the

Schedule shall be adjusted by agreement between the parties to reflect such decrease.

(c) Any adjustment in the Contract Sum for duly authorized extra work or change in the

Work shall be determined based on the unit prices previously specified; to the extent such unit

prices are applicable. To the extent such unit prices are not applicable, the adjustment in the

Contract Sum shall, at the option of the City, be determined by an acceptable sum properly

itemized and supported by sufficient substantiating data to permit evaluation, or by an acceptable

cost plus percentage or fixed fee.

d) Contractor will comply and satisfy the requirements of Sec. 285.530.2, RSMo. Supp. 2008,

which requires as a condition for the award of any contract or grant in excess of five thousand

dollars by any political subdivision of the State of Missouri to a business entity, that the business

entity shall, by sworn affidavit and provision of documentation, affirm its enrollment and

participation in a federal work authorization program with respect to the employees working in

connection with the contracted service, and requires every such business entity to also sign an

affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in

connection with the contracted services.

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ARTICLE VII

Termination

(a) If the Contractor is adjudged insolvent or bankrupt, or if the Contractor makes a

general assignment for the benefit of creditors, or if a receiver is appointed on account of the

Contractor's insolvency, or if the Contractor fails, except in cases for which extension of time is

provided, to make progress in accordance with the Schedule, or if the Contractor persistently

disregards laws, ordinances or the instructions of the City, or otherwise breaches any provision

of the Contract, the City may, without prejudice to any other right or remedy, by giving written

notice to the Contractor, terminate the Contract.

(b)Performance of the Work hereunder may be terminated by the City by giving three

(3) days prior written notice to the Contractor. In the event of termination, under this paragraph

(b) the Contract Sum shall be reduced by the percentage of work not completed on the date of

termination.

ARTICLE VIII

Indemnities

(a) Liability: To the greatest extent permitted by Statute, Contractor indemnifies,

defends, and holds the City harmless for all third-party claims or suits for libel, slander, property

damage, and bodily injury, including death, because of the Contractor’s negligence, or anyone

directly or indirectly employed by the Contractor. These obligations include all judgments or

awards recovered from the claims or suits, including court costs and attorney fees.

(b) Professional Liability: To the greatest extent permitted by Statute, Contractor

indemnifies and holds the City harmless for all third-party claims or suits for damages, including

consequential or economic damages, to the extent caused by the negligent acts, errors or

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omissions of the Contractor, its subcontractors, anyone directly or indirectly employed by any of

them, or anyone for whose acts any of them may be liable in performing professional services

under this Agreement. These obligations include all judgments or awards recovered from the

claims or suits, including court costs and attorney fees.

(c) Other Indemnities: To the greatest extent permitted by Statute, Contractor

indemnifies, defends, and holds the City harmless for all third-party claims or suits for fines,

penalties, liquidated damages or any other damages of whatsoever nature to the extent caused

by the negligence or wrongdoing of the Contractor, its subcontractors, anyone directly or indirectly

employed by any of them, or anyone for whose acts any of them may be liable. These obligations

include all judgments or awards recovered from the claims or suits, including courts costs and

attorney fees.

(d) Contractor agrees that its indemnity obligations set forth in this Article will not be

affected in any way by any limitation on the amount or type of damages, compensation, or benefits

payable by or for the City, the Contractor, or any of the subcontractors under workers’

compensation acts, employer’s liability insurance, or other employee benefit acts.

ARTICLE IX

Insurance

(a) Except to the extent set forth in Section (b) of this Article, the Contractor will purchase

and maintain the following insurance to cover its operations under this Agreement without limiting

the liability of the Contractor under this Agreement. This insurance will be provided by insurance

companies acceptable to the City and licensed to do business in each jurisdiction where the Work

is performed.

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1. Workers’ Compensation Insurance in full compliance with workers’

compensation laws of the State of Missouri together with Employer’s Liability Coverage with

minimum limits of liability in the amount of $2,800,000.00 for each accident and each disease.

2. Commercial Automobile Liability Insurance under Form CA 00 01, covering all

owned hired, and non-owned vehicles, with minimum combined single limits of liability of

$1,000,000 for each accident.

3. Commercial General Liability Insurance, and, if necessary, excess liability

insurance on a “true following-form” basis, all of which is written on an occurrence basis, with the

following minimum limits of liability:

General Aggregate $3,000,000.00

Products/completed operations aggregate $2,800,000.00

Personal and advertising injury $2,800,000.00

Each occurrence $2,800,000.00

Fire damage legal liability $2,800,000.00

Medical expenses $ 5,000.00

4. Professional Liability Insurance with minimum limits of liability of

$2,800,000.00 each claim, $2,8000,000.00 aggregate.

5. Owner’s and Contractor’s Protective Liability Policy, including Death

$2,800,000.00 each occurrence; Property Damage $2,800,000.00 each occurrence,

$2,800,000.00 aggregate.

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(b) The Commercial General Liability and the Commercial Automobile Liability Insurance

coverages and their respective limits set forth in Section (a) of this Article are being explicitly

required and obtained to insure the indemnity obligations set forth in Section (a) of Article X to

meet the requirements of 434.100.2(8) R.S.Mo. The parties further acknowledge that the cost of

these insurance coverages is included in the Contract Price and that the limits and coverages

afforded by them is the Contractor’s total aggregate liability under the indemnity obligations set

forth in Section (a) of Article X.

(c) Contractor’s Commercial Automobile Liability, Commercial General Liability, and

Professional Liability policies – and any excess policies necessary to meet the required limits –

will include contractual liability coverage. The City will be named as an additional insured on the

Contractor’s Commercial General Liability policy by using ISO Additional Insured Endorsement

(Form B), CG 20 10 11 85. The Commercial General Liability, Commercial Automobile Liability

and required excess policies will include a severability or cross-liability clause and such insurance

will be endorsed to make such insurance primary with respect to any applicable insurance

maintained by the City. The Contractor’s Workers’ Compensation and Employer’s Liability policy

will include the Owner as an alternate employer by using ISO Alternate Employer WC 00 03 01A.

(d) Contractor waives any rights of subrogation under its Professional Liability Insurance

policy for the City’s benefit and is doing so before commencing any of the Work.

(e) Contractor will furnish an insurance certificate to City evidencing that it has met the

insurance requirements of this Article, including attaching the requisite additional insured, primary

and alternate employer endorsements. These documents must be provided before beginning the

Work and upon each renewal of the coverage during the performance of the Work. The certificate

will provide that thirty-day written notice will be given to City before any policy is canceled.

Contractor will give written notice to City as soon as it receives written notice of cancellation from

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any of its insurance carriers. The certificate of insurance must clearly designate the name of the

Project.

ARTICLE XII

The Work

The Scope of Work for this Contract includes furnishing all labor, materials and

equipment necessary to remove and replace the existing roof system, gutters, and downspouts

on the #2 Oak Knoll Park Building. The current roof system consists primarily of slate tile

(approximately 6230 sq. ft), standing seam copper on dormers (approximately 700 sq. ft), EPDM

(approximately 40 sq. feet) and modified bitumen (approximately 300 sq. feet). The internal

gutters are copper.

Specific Work to include;

1. Removal and off-site disposal of existing roof system.

2. Repair of underlayment as needed with material of the same quality and character.

3. Installation of approved ice and water shield per manufactures recommendation.

4. Installation of approved copper flashing to match existing.

5. Installation of approved slate tile roof to match existing.

6. Installation of three flat roof systems.

7. Installation of standing seam copper roof on dormers.

8. Replace copper coping to match existing.

9. Replace internal copper gutter system.

10. Replace downspouts with approved material.

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ARTICLE XIII

Notices

Any notice hereunder shall be personally delivered or mailed, postage prepaid, by certified

mail, return receipt requested addressed to:

City of Clayton Department of Parks & Recreation

50 Gay Avenue

Clayton, Missouri 63105

Attention: Patty DeForrest

or to Contractor at:

Old World Roofing, Inc.

2700 Brannon Avenue

St. Louis, MO 63139

Attention: Cullen Hagerty

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*In making out this form the proper name and title should be used. For example, if the Contractor is a corporation and this form is to be executed by its president, the words

President should be used under Title. Attestation should be done by the Secretary of the Corporation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement: CITY OF CLAYTON By: ___________________________

City Manager (SEAL) Attest: City Clerk DATE: By: Contractor Title (SEAL) Attest: DATE:

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GARY CARTER, ECONOMIC DEVELOPMENT DIRECTOR DATE: OCTOBER 9, 2018 SUBJECT: ORDINANCE - A CONTRACT FOR THE PURCHASE OF PROPERTY

LOCATED AT 111 NORTH CENTRAL AVENUE

On July 15, 2015 the City entered into a development agreement with Opus Development Company for the redevelopment of 25 N. Central Avenue. In accordance with the agreement, Opus built a mixed-use project consisting of 121 market-rate apartments, 13,297 square feet of ground-floor retail space and 145 below grade parking stalls. Furthermore, Opus acquired 111 N. Central and constructed a surface parking lot consisting of 30 stalls. The purchase of 111 N. Central Avenue is a condition of the development agreement.

The project received a certificate of substantial completion on May 29, 2018 and is now requesting that the City fulfil the terms of the agreement and purchase 111 N. Central Avenue for $900,000. The developer spent in in excess of $1,400,000 acquiring and constructing the improvements.

STAFF RECOMMENDATION: To approve the ordinance authorizing the execution of a contract with Opus Development Company, L.L.C. and associated entities in the amount of nine hundred thousand dollars ($900,000) for the purchase of the property located at 111 N. Central Avenue.

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Page 1 of 2

BILL NO. 6691 ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE PURCHASE AND LICENSING OF PROPERTY LOCATED AT 111 NORTH CENTRAL AVENUE

WHEREAS, the City of Clayton, 25 North Central Community Improvement District, and Opus Development Company, L.L.C. entered into a Development Agreement dated July 15, 2015 (“Development Agreement”); and WHEREAS, the Development Agreement requires the City of Clayton to purchase 111 North Central Avenue from 25 North Central Community Improvement District and Opus Development Company, L.L.C. for a price not to exceed nine hundred thousand dollars ($900,000) based on actual expenses to acquire and improve the lot and to thereafter license, at prevailing market rate for monthly users, of up to 30 parking spaces on the subject property for the exclusive use of the owner of the 25 North Central property; and WHEREAS, 25 North Central Community Improvement District and 25 North Central Residences, LLC, (successor to all rights and interests of Opus Development Company, L.L.C.) submitted documentation for expenses related to acquisition and improvement in excess of nine hundred fifty thousand dollars ($950,000); WHEREAS, the City of Clayton and 25 North Central Community Improvement District have accepted the certificate of substantial completion for the Developer Project located at 25 North Central Avenue and 111 North Central Avenue as defined in the Development Agreement, thereby giving rise to the City’s obligation to acquire the 111 North Central Avenue property and fulfill certain obligations according to the Development Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLAYTON, MISSOURI, AS FOLLOWS: Section One. The purchase of the real property known and numbered as 111 North Central Avenue by the City of Clayton for a purchase price not to exceed $900,000 is hereby approved and authorized. Section Two. The City Manager is authorized to execute on behalf of the City of Clayton any purchase contract or agreement, closing documents and such other documents of any kind or nature as may be necessary or

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convenient to acquire the property, fulfill the City’s obligations under the Development Agreement, enter into a Parking Lot License (as defined and described in the Development Agreement) lease with 25 North Central Residences, LLC as successor owner of Developer Project, and carry out the intent of this ordinance in such form as the City Manager and the City Attorney may approve. Section Three. The City Manager is authorized to withdraw and expand from the city’s capital improvement fund such sums as may be necessary to acquire the property aforesaid and carry out the intent of this ordinance. Section Four. This Ordinance shall be in full force and effect both from and after its passage by the Board of Aldermen. Passed by the Board of Aldermen this 9th day of October 2018. __________________________ Mayor Attest: _____________________________ City Clerk

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FROM: CRAIG OWENS, CITY MANAGER GARY CARTER, DIRECTOR OF ECONOMIC DEVELOPMENT


SUBJECT: ORDINANCE - AMENDED SALES AGREEMENT FOR 227 SOUTH CENTRAL AVENUE

On October 5, 2017 HB Clayton, LLC and the City entered into a Purchase and Sale agreement. The agreed upon price for the property was $2,375,000. The agreement allowed the developer until June 4, 2018 to obtain all necessary governmental approvals, including rezoning, architectural review, building permits, etc.

The developer now proposes that the agreement be amended as follows:

1. Reinstate the Sale Agreement (which had expired under the GovernmentalApprovals contingency);

2. Waive the Purchaser’s title, survey and inspection contingencies;3. Extend the Governmental Approvals Contingency 90 days from the date of the

Amendment, and grant the Purchaser two additional and successive 60-dayextension options;

4. Increase the Extension Fee by $30,000 to $50,000, and require the Purchaser topay the Extension Fee for each extension option; also, provide the Purchaser acredit against the purchase price, if the sale is closed, in the amount of the$30,000 increase of each Extension Fee paid; the full Extension Fee(s) paid areto be non-refundable to the Purchaser if the sale does not close;

5. Confirm that the City’s termination rights are extended for the 90-day period, andthat the City can terminate if (i) the City is not satisfied with the terms of thePurchaser’s requested approvals, (ii) Purchaser does not accept the City’srequested changes, or (iii) the Purchaser fails to diligently and continuouslypursue its approvals;

6. Waive the bi-monthly reports that the Purchaser has failed to provide to date(relative to its Governmental Approval actions), but confirm that the Purchaserwill be required to make such reports going forward;

7. Modify the definition of “Governmental Approvals” to exclude administrativeapprovals, so that, should the Governmental Approvals Contingency be waived,

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- 2 -

the Purchaser will not be deemed to have waived the administrative approvals to which it might be entitled;

8. Extend the Purchaser’s Parking-Agreements Contingency a period of 90 days from the date of the Amendment and give the Purchaser two additional and successive options to extend the period 30 days.

9. Confirm the City’s termination rights, relative to the Parking-Agreements Contingency, in much the same way as the City’s termination rights are confirmed with respect to the Governmental Approvals Contingency;

10. Waive the bi-monthly reports that the Purchaser has failed to provide to date, relative to the Parking-Agreements process, but confirm that the Purchaser will be required to make such reports going forward; and

11. Modify the repurchase provisions in the Agreement, which are intended to provide the City security that the hotel will be built, by (i) requiring construction to commence within 6 months after closing, rather than within 60 days after closing, and (ii) requiring construction to be completed within 48 months after the commencement of construction, rather than within 30 months after the commencement of construction.

Staff has negotiated the amendment with the developer and supports it approval. Recommendation: To approve the attached ordinance.

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BILL NO. 6692

ORDINANCE NO. ______

AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF FIRST AMENDMENT TO AGREEMENT HERETOFORE APPROVED AND EXECUTED FOR SALE AND DEVELOPMENT OF 227 SOUTH CENTRAL AVENUE ____________________________________________________________________________

WHEREAS, pursuant to Ordinance No. 6504, the Board of Aldermen found and determined that it was desirable for the City to enter into an agreement with HB Clayton, LLC, a Missouri limited liability company (“HB Clayton”), for the purchase and development of City-owned property located at 227 South Central Avenue (the “Property”);

WHEREAS, pursuant to that Ordinance, the City of Clayton, Missouri entered into an Agreement of Purchase and Sale dated October 5, 2017 with HB Clayton (the “Purchase Agreement”);

WHEREAS, HB Clayton has advised the City that it has completed its title, survey and inspection evaluations under the Purchase Agreement, and that it is prepared to waive those contingencies related thereto under the Purchase Agreement, but HB Clayton has requested (i) that its “Governmental Approvals” contingency and its “Parking Agreements” contingency be extended under the Purchase Agreement to give it additional time to work through those contingencies and (ii) that the repurchase provisions in the Purchase Agreement, intended to give the City assurance that the hotel will be built, be modified to give HB Clayton additional time to commence and complete construction; and

WHEREAS, the Board of Aldermen hereby finds and determines that it is desirable for the City to enter into an amendment of the Purchase Agreement with HB Clayton to give HB Clayton additional time to work through its remaining contingencies and to commence and complete construction;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLAYTON, MISSOURI, AS FOLLOWS: The Board of Aldermen hereby approves and authorizes execution on behalf of the City of Clayton of a First Amendment to the Purchase Agreement heretofore executed between the City of Clayton and HB Clayton, LLC., said First Amendment to be in substantially the form attached hereto as Exhibit A, with such reasonable changes therein consistent with the intent and purposes hereof as shall be approved by the City Manager and the City Attorney. This Ordinance shall be in full force and effect from and after the date of its passage by the Board of Aldermen. Passed by the Board of Aldermen this 9th day of October 2018.

Mayor

Attest: City Clerk

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Exhibit A

First Amendment to Agreement of Purchase and Sale

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29456733.8

FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE

THIS FIRST AMENDMENT (the “Amendment”) is made and entered into as of the day of , 2018, by and between the CITY OF CLAYTON, MISSOURI, a municipal corporation (“Seller”) and HB CLAYTON, LLC, a Missouri limited liability company (“Purchaser”).

WITNESSETH:

WHEREAS, the parties have entered into a certain Agreement of Purchase and Sale dated October 5, 2017, (the “Agreement”) concerning the purchase and sale of that property known as 227 South Central Avenue, Clayton, Missouri 63105; and WHEREAS, the parties desire to reinstate, modify and amend the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: ITEM ONE: The Agreement, as amended hereby, is hereby reinstated, readopted and reconfirmed in all respects, and is in full force and effect, subject to the following terms and conditions. ITEM TWO: Regarding matters of title, attached hereto as Exhibits “A-1” and “A-2”, respectively, are the following: (i) a copy of the title insurance commitment covering the Real Property obtained by Purchaser pursuant to Section 6.2(a) of the Agreement, and (ii) a copy of all of the documents listed in Schedule B – Section II of such title insurance commitment (such title insurance commitment and documents being the “Title Commitment” described in Section 6.2(a) of the Agreement). Purchaser hereby waives all contingencies under Section 6.2 of the Agreement with respect to matters of title. ITEM THREE: Regarding matters of survey, attached hereto as Exhibit “B” is a copy of the “Survey” as described in Section 6.3 of the Agreement. Purchaser hereby waives all contingencies under Section 6.3 of the Agreement with respect to matters of survey. ITEM FOUR: Regarding Purchaser’s Due Diligence Inspection with respect to the Real Property and the Shaw Park Garage, Purchaser hereby waives all contingencies under Section 6.1 of the Agreement. ITEM FIVE: To date, Purchaser has conducted its initial conceptual discussion with members of the City’s Plan Commission/ARB regarding Purchaser’s intended development of the Real Property for Purchaser’s intended Business. The parties acknowledge that this initial conceptual discussion is an informal meeting with members of the City’s Plan Commission/ARB in order to hear preliminary comments from such members and that there is no approval, denial or action of any kind taken as a result of the initial conceptual discussion.

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2

The parties acknowledge that Purchaser still requires all Government Approvals for Purchaser’s intended development and Business. Nothing herein contained shall be construed as the City’s current approval of, or acquiescence to, any Government Approvals required by Purchaser, it being acknowledged that such matters can only be approved by the City in the proper exercise of its municipal functions through appropriate governmental procedures and in the exercise of the unlimited legislative discretion of the BOA and the review discretion of the City’s other boards or departments, including the City’s ARB and P&Z.

Purchaser agrees to diligently and continuously prosecute all Government Approvals to operate Purchaser’s intended Business on the Real Property, as contemplated in Section 6.4 of the Agreement. The Governmental Approvals Period under Section 6.4 is hereby retroactively extended from its expiration date through the date that is ninety (90) days after the date of the full execution of this Amendment (“Extended Governmental Approvals Period”). Purchaser shall have two (2) successive options to further extend the Extended Governmental Approvals Period for a period of sixty (60) days each (each, a “Government Approvals Extension Option”) if Purchaser has not theretofore terminated the Agreement in accordance with its terms; if Seller has not theretofore terminated the Agreement in accordance with its terms; and if no default by Purchaser is then existing under the Agreement; subject to the following terms and conditions:

(i) Purchaser must deliver written notice to Seller, on or before the expiration of the then current Extended Governmental Approvals Period, of Purchaser’s intent to further extend the Extended Governmental Approvals Period for a period of sixty (60) days; and

(ii) Purchaser shall deliver to Seller, together with the written notice of extension, and as a condition precedent to the extension of the Extended Governmental Approvals Period, for each such Government Approvals Extension Option, an extension fee in the amount of Fifty Thousand and 00/100 Dollars ($50,000.00) in the form of a cashier’s check or certified funds payable solely to Seller (“Extension Fee”). The parties agree, and Purchaser acknowledges, that each Extension Fee will not be part of the Deposits paid under the Agreement, will not be refundable to Purchaser in the event Closing does not occur, and will be deemed to be the sole property of Seller from the date that it is paid to Seller; however, if the Closing occurs, that part of each paid Extension Fee that exceeds Twenty Thousand and 00/100 Dollars ($20,000.00) shall be a credit against the Purchase Price.

Seller’s termination rights, as set out under Section 6.4 of the Agreement, are hereby reconfirmed and restated as follows. Given Seller’s contingency in Section 7.2(c) of the Agreement, which permits Seller to terminate the Agreement at Closing if Seller, in its capacity as a municipal corporation, has not granted certain approvals of Purchaser’s proposed hotel, Seller shall have the right to terminate the Agreement at any time during the Extended Governmental Approvals Period, as it may be further extended by Purchaser pursuant to any Governmental Approvals Extension Option, if any of the following conditions exists (each a “Governmental Termination Condition”), to wit: (a) Seller is not satisfied with the terms or

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3

conditions of the Governmental Approvals requested by Purchaser; (b) Purchaser has refused to accept, in writing, within ten (10) days after Seller’s request therefor, any terms, conditions or changes to Purchaser’s requested Governmental Approvals which Seller has requested, or (c) Purchaser has failed to diligently and continuously pursue all Government Approvals required to operate Purchaser’s intended Business on the Real Property; provided further, however, that Seller shall not be permitted to terminate this Agreement unless and until Seller shall have given Purchaser written notice of the Governmental Termination Condition that exists and Purchaser shall have failed to cure such Governmental Termination Condition within ten (10) days thereafter. If seller provides Purchaser written notice of termination with respect to a Governmental Termination Condition that is not timely cured, the Agreement shall be deemed terminated, the Additional Deposit, if paid by Purchaser, and the Initial Deposit shall be returned promptly to Purchaser, and from and after such termination neither party shall have any further right, duties, or obligations hereunder, except for those which expressly survive a termination of the Agreement.

Seller waives any prior requirement of Purchaser to provide written, bi-monthly reports to Seller regarding Purchaser’s progress made in regard to Purchaser’s application for Government Approvals. However, commencing from the date of the full execution of this Amendment, Purchaser shall commence making written, bi-monthly reports as required by the Agreement, and shall continue the same through Closing.

If during the Extended Governmental Approvals Period, as it may be further extended,

Purchaser obtains all Government Approvals required to develop/construct the hotel to operate the Business (or if Purchaser is otherwise willing to waive the contingency of Section 6.4 of the Agreement) then Purchaser shall, by providing written notice to Seller no later than five (5) Business Days after the expiration of the Extended Governmental Approvals Period, as it may be further extended, waive the requirements of Section 6.4 of the Agreement, whereupon the terms and conditions of Section 6.4 of the Agreement shall be deemed satisfied. If, however, Purchaser is not required to waive, and does not otherwise waive, the requirements of Section 6.4 of the Agreement, the Agreement shall be deemed terminated effective six (6) Business Days after the expiration of the Extended Governmental Approvals Period, as it may be further extended, and both the Additional Deposit (if paid by Purchaser) and the Initial Deposit shall be refunded by Escrow Agent to Purchaser; and from and after such termination neither party shall have any further rights, duties or obligations under the Agreement, except for those that expressly survive a termination of the Agreement.

To the extent there is any inconsistency between the language of Section 6.4 of the

original Agreement and the language of this ITEM FIVE, the language of this ITEM FIVE shall prevail.

ITEM SIX: Section 1.19 of the Agreement is hereby delete in its entirety and is replaced

with the following: 1.19 “Government Approvals” means any and all approvals (except as set forth below)

by any Governmental Authority for Purchaser to develop the Real Property as a hotel and

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4

operate the Business on the terms set forth in Purchaser’s applications therefor, but subject to such reasonable terms and conditions as may be attached to such approvals by the applicable Governmental Authority(s); the Government Approvals shall include, but not be limited to, the approval by the City of Clayton, Missouri, in its municipal capacity (the “City”), of a Planned Unit Development (“PUD”), including approval by the City’s Architectural Review Board (“ARB”), Plan Commission (“P&Z”), and Board of Alderman (“BOA”); Governmental Approvals shall exclude any approvals by the City of Clayton, Missouri that are commonly referred to, considered, or are in fact administrative approvals by the City of Clayton, Missouri, including business permits, building permits and liquor licenses; the term “Governmental Approvals Period” shall have the meaning ascribed to such term in Section 6.4.

ITEM SEVEN: The parties acknowledge that (i) Purchaser has heretofore

authorized the City to obtain the Parking Study contemplated under Section 6.5 of the Agreement, and (ii) Purchaser has heretofore advanced the sum of Twenty-five Thousand and 00/100 Dollars ($25,000.00) to the City for application to the cost of the Parking Study, with the understanding that, in the event the cost of the Parking Study is greater than the aforesaid amount, Purchaser shall be responsible for such additional costs.

Notwithstanding the deadline set forth in Section 6.5 of the Agreement for Purchaser to

obtain the Purchaser’s Parking Agreements, Purchaser shall have ninety (90) days after the date of the full execution of this Amendment (the “Parking Agreements Period”) in which to secure Purchaser’s Parking Agreements. Purchaser shall have two (2) successive options to extend the Parking Agreements Period for a period of thirty (30) days each (each a “Parking Extension Option”) if Purchaser has not theretofore terminated the Agreement in accordance with its terms; if Seller has not theretofore terminated the Agreement in accordance with its terms; and if no default by Purchaser is then existing under the Agreement; subject to the following terms and conditions:

(i) Purchaser must deliver written notice to Seller, on or before the expiration

of the then current Parking Agreements Period, of Purchaser’s intent to further extend the Parking Agreements Period for a period of thirty (30) days; and

(ii) Purchaser shall deliver to Seller, together with the written notice of

extension, and as a condition precedent to the extension of the Parking Agreements Period, a letter of intent or other written indicia, reasonably acceptable to Seller, that Purchaser has reached economic terms with the City and the County regarding the Purchaser’s Parking Agreements, such that all that remains to be completed in order for Purchaser to secure Purchaser’s Parking Agreements is the formal documentation of the Purchaser’s Parking Agreements.

Seller waives any prior requirement of Purchaser to provide written, bi-monthly reports

to Seller regarding Purchaser’s efforts to obtain Purchaser’s Parking Agreements from parties other than the City. However, commencing from the date of the full execution of this

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Amendment, Purchaser shall commence making such written, bi-monthly reports and shall continue the same through Closing.

If, during the Parking Agreements Period, Purchaser is unable to obtain the Purchaser’s

Parking Agreements for the Required Parking Spaces on terms and conditions reasonably satisfactory to Purchaser, Purchaser shall have the right, by providing written notice of termination to Seller and Escrow Agent within five (5) Business Days after the expiration of the Parking Agreements Period, to terminate the Agreement. If the Purchaser terminates the Agreement pursuant to this Amendment, both the Additional Deposit (if paid by Purchaser) and the Initial Deposit shall be refunded by Escrow Agent to Purchaser; and from and after such termination, neither party shall have any further rights, duties or obligations under the Agreement, except for those that expressly survive a termination of the Agreement; provided, however, if Purchaser’s Parking Agreement with the City is available on the terms and conditions set forth in Section 6.5 of the Agreement, the Initial Deposit shall, instead of being refunded to Purchaser, be paid to Seller. If Purchaser does not terminate the Agreement as aforesaid, Purchaser shall be deemed to have waived the contingency of Section 6.5 of the Agreement.

Seller’s termination rights, as set out under Section 6.5 of the Agreement, are hereby

reconfirmed and restated as follows. Given Seller’s contingency in Section 7.2 (c) of the Agreement, which permits Seller to terminate this Agreement at Closing if Seller, in its capacity as a municipal corporation, has not approved the Purchaser’s Parking Agreement to be provided by the City, Seller shall have the right to terminate the Agreement at any time during the Parking Agreements Period, as it may be further extended by Purchaser pursuant to any Parking Extension Option, if any of the following conditions exists (each a “Parking Termination Condition”), to wit: (a) Seller is not satisfied with the terms or conditions of Purchaser’s Parking Agreement requested by Purchaser from Seller, (b) Purchaser has refused to accept, in writing, within ten (10) days after Seller’s request therefor, any terms, conditions or changes to Purchaser’s Parking Agreement with Seller that Seller has requested, or (c) Purchaser has failed to diligently and continuously pursue any of the Purchaser’s Parking Agreements; provided further, however, that Seller shall not be permitted to terminate this Agreement unless and until Seller shall have given Purchaser written notice of the Parking Termination Condition that exists and Purchaser shall have failed to cure such Parking Termination Condition within ten (10) days thereafter. If Seller provides Purchaser written notice of termination with respect to a Parking Termination Condition that is not timely cured, the Agreement shall be deemed terminated, the Additional Deposit, if paid by Purchaser, and the Initial Deposit shall be returned promptly to Purchaser, and from and after such termination neither party shall have any further right, duties, or obligations hereunder, except for those which expressly survive a termination of the Agreement.

To the extent there is any inconsistency between the language of Section 6.5 of the

original Agreement and the language of this ITEM SEVEN, the language of this ITEM SEVEN shall prevail.

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6

ITEM EIGHT: Section 8.7 of the Agreement is hereby amended by deleting the words “within sixty (60) days after Closing” and replacing them with the words “within six (6) months after Closing.”

ITEM NINE: Section 8.8 of the Agreement is hereby amended by deleting the words

“within thirty (30) months after commencement of construction” and replacing them with the words “within forty-eight (48) months after commencement of construction.”

ITEM TEN: All words and phrases that are used herein but are not herein defined shall have the meaning ascribed to them in the Agreement.

ITEM ELEVEN: This Amendment may be executed in any number of counterparts,

each of which shall be deemed to be an original, and all of such counterparts shall constitute one Agreement. In addition, the execution of this Amendment may be effected by electronic signature (emails) of signed counterparts, all of which shall be treated as originals; provided, however, that the party receiving a document with an electronic signature may, by notice to the other, require the prompt delivery of an original signature to evidence and confirm the delivery of the electronic signature.

(Signature Page is attached hereto and incorporated herein by reference.)

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7

IN WITNESS WHEREOF, the Seller and the Purchaser have caused this Agreement to

be executed in their names by their respective duly authorized representatives.

Seller: Purchaser:

CITY OF CLAYTON, MISSOURI HB CLAYTON, LLC

By: By: Harold J. Sanger, Mayor Andrew Holloran, its Authorized

Managing Member

DATE: , 2018 DATE: , 2018

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Page 1 of 2



TO: MAYOR SANGER; BOARD OF ALDERMEN FROM: CRAIG S. OWENS, CITY MANAGER (CSO) DATE: OCTOBER 9, 2018 RE: ORDINANCE APPROVING A CONTRACT WITH 21ST CENTURY POLICING

SOLUTIONS TO CREATE AND DEVELOP COMMUNITY CONVERSATIONS PROGRAM

The City has engaged 21st Century Policing Solutions, LLC (21CPS) to assist with developing and implementing a process to assess and build stronger relationships with the City, Police Department, and the community we both serve. The scope of this engagement will deliver the following outcomes:

1. Improved relationship between the minority community – residents, students, and visitors-- the broader community and the police.

2. Clear steps that each of the key stakeholders can take to ensure a safe and welcomingenvironment for all people, regardless of race, color, language, or age.

3. Identify specific steps that will allow the Police Department and the City to continue tofurther apply the principles of procedural justice, and constitutional policing.

4. Educate and engage the public to understand the specifics of law enforcement practices,training, policies, procedures and supervision that contribute to constitutional policing.

5. Identify what the community, including the WU community, can do to establish anauthentic dialogue of listening and learning to determine how we can all work together fora better community environment.

The engagement process is anticipated to last six months and may last up to one year. The project budget will be amended according to the duration of the phase but will not exceed $158,550 plus expenses. The FY2019 Budget reflects these expenses.

RECOMMENDATION: To approve the ordinance approving the contract with 21st Century Policing Solutions, LLC.

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Page 2 of 2

BILL NO. 6693

ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF CLAYTON, MISSOURI AND 21ST CENTURY POLICING SOLUTIONS, LLC. WHEREAS, the City desires to utilize the services of 21st Century Policing Solutions, LLC to assist with developing and implementing a process to assess and build stronger relationships with the city, the Clayton Police Department, and the community we both serve; WHEREAS, the outcomes of the community engagement program as well as project scope of work have been determined by 21st Century Policing Solutions, LLC and are defined in Exhibit A; WHEREAS, the program will last at least six months and may last as long as twelve months; WHEREAS, the budget will be amended according to the duration of the phase but will not exceed $158,550 plus expenses. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLAYTON, MISSOURI AS FOLLOWS: Section 1.

The City Manager is hereby authorized to execute on behalf of the City of Clayton, a contract with 21st Century Policing Solutions, LLC at the contract rates set out therein, in substantially the form attached hereto as Exhibit A and incorporated herein by reference and the City Clerk is authorized to attest such signature.

Section 2.

This Ordinance shall be in full force and effect both from and after its passage by the Board of Aldermen. Passed by the Board of Aldermen this 9th day of October 2018. ____________________________ Mayor ATTEST: __________________________ City Clerk

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FROM: CRAIG S. OWENS, CITY MANAGER JANET K. WATSON, DIRECTOR OF FINANCE AND ADMINISTRATION


SUBJECT: FISCAL YEAR 2018 THIRD QUARTER FINANCIAL REPORT

Attached you will find the 3rd Quarter Financial Report for Fiscal Year 2018 (FY18). This report anticipates that the Board of Aldermen will approve the third quarter budget amendment on this evening’s agenda. Below are several highlights of the General Fund first quarter results.

We started this year with a projected General Fund surplus of $33,129. With the 3rd quarterbudget amendment the year-end results show a deficit of $141,020, but there will beseveral expenditure accounts where we will underspend and a few revenue accounts whichwill be higher than budgeted. We are still likely to end the year in a budget surplus.

Sales tax remains high with a 23% increase over last year including the new public safetysales tax. Excluding this tax, receipts are up approximately 7% which is a significant growthfrom the prior year.

Property tax receipts are slightly lower (2%) than last year. You may recall that last year(FY17) there was a higher recoupment available from the results of protested taxsettlements which generated higher property tax revenue in that year.

As anticipated, building permit revenue is higher this year than last year due toredevelopment activity.

Intergovernmental revenue is higher due to the expansion of shared or contracted servicesin the last year.

Utility taxes are higher than the prior year, mostly due to a colder winter and warmersummer, and some rate changes.

As always, we appreciate any questions or comments on this report.

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CITY OF CLAYTON All Funds Report in Brief FY 2018 Through 3rd Quarter

Property tax revenue is collected in the General Fund, Special Business District Fund, 2009 Special Obligation debt service fund, and 2014 General Obligation debt service fund. The majority of this revenue source is collected in the first half of each fiscal year. The FY 2018 (FY18) year-to-date property tax collections are 2% higher than this time last year.

Sales tax revenue, in both the General and Capital Improvement Funds, and utility tax revenue in the General Fund are both collected throughout the year. FY18 sales tax revenue in all funds is 16.6% higher than this time last year, and 7% higher when excluding the new public safety sales tax. Grant revenue and other donations are typically collected near the end of each fiscal year as projects are completed throughout the construction season. This revenue source is mostly recorded in the Capital Improvement Fund and is budgeted significantly lower this year due to the donation for last year’s large Chapman Plaza project.

See above for the status of sales tax revenue for the first nine months of the fiscal year. To further illustrate the sales tax collected at this point in the fiscal year, this bar graph provides a rolling 12-month comparison of the period ending in June of each year indicated. The growth from 2015 to 2016 is the addition of the fire service sales tax and the City is having similar growth again this year with the addition of the new public safety sales tax (highlighted in orange).

This line graph provides a comparison of current year revenues and expenditures through the third quarter of each of the last four fiscal years. Transfers from the General Fund to the Equipment Replacement Fund are included in this data.

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CITY OF CLAYTON General Fund Report in Brief

FY 2018 Through 3rd Quarter

The majority of property tax revenue is collected in the first half of each fiscal year. General Fund property tax revenue through the end of the third quarter is 2% lower than the same period last year.

Sales tax, utility tax, and parking revenue sources are collected somewhat evenly throughout the fiscal year. Sales tax revenue includes the 1% general tax, the 0.25% local option tax, the 0.25% fire service tax, and the new 0.50% public safety sales tax implemented this year. Total General Fund sales tax revenue is 23.6% higher in comparison to the third quarter of last year, and 7.4% higher when excluding the new public safety tax. Utility tax revenue is higher by 10% this year due to the colder winter and hot summer weather. This category includes electric, gas, water, and telephone utilities. Parking revenue includes revenue from parking meters, permits, lots and structures.

This bar graph displays the comparison, by category, of the General Fund expenditures to last fiscal year. Personnel costs, consisting of salaries and benefits, comprise the largest category of expenditures and are spent somewhat evenly throughout the year, except for seasonal salaries. Personnel expenditures year-to-date are $618,452 or 4.9% higher than this time last year and are budgeted to be $1.2 million, or 7%, higher

than final prior year amounts due to: increased personnel costs, especially in public safety; added positions, some of which have partial offsetting revenue; and contractual services. Total General Fund expenditures were budgeted to be 9% higher than the prior year.

This line graph illustrates General Fund revenue and expenditures through the third quarter of the current year compared to the same period in each of the last four fiscal years. Transfers from the general fund to the equipment fund are included as they are a large portion of quarterly costs.

64

CITY OF CLAYTON Analysis of Revenue & Expenditures

FY 2018 Through 3rd Quarter

This financial report is for the first nine months of Fiscal Year 2018 (FY18) ending June 30, 2018. Significant highlights are summarized below.

Summary of All Funds Revenue totaled $28.7 million at the end of the third quarter of FY18 and is 7.8% higher than this time last year. The year-to-date revenue received is 76.9% of the current year amended budget. Revenue for all funds is budgeted to be $1.5 million more than the final FY17 amounts due to higher projected levels of building permit revenue related to large development projects and the addition of a new sales tax. Expenditures totaled $26.3 million at the end of the third quarter. Year-to-date expenditures were $442,412 less than the amount spent through the first nine months of the prior year. Year-to-date expenditures are 64% of the amended budget at the end of the third quarter, compared to 68% of the final costs spent in the same period last year.

All Funds Summary FY17 Final

Actual

FY17 Actual Through 3rd

Quarter FY18 Amended

Budget


Quarter Revenue $35,757,409 $26,597,504 $37,266,195 $28,661,982 Transfers-in 7,774,545 5,047,428 8,185,683 4,200,370 Revenue & Transfers-in 43,531,954 31,644,932 45,451,878 32,862,352 Expenditures 39,353,758 26,719,297 41,071,188 26,276,884 Transfers-out 7,774,545 5,047,428 8,185,683 4,199,370 Expenditures & Transfers-out 47,128,303 31,766,725 49,256,871 30,476,254 Surplus (Deficit) (3,596,349) (121,793) (3,804,993) 2,386,098

General Fund The FY18 amended budget was approved as a balanced budget. The amended budget currently predicts a deficit of $141,200 as compared to an ending surplus of $44,175 for the prior year. There will still be many variances in both revenue and expenditures by the end of the fiscal year, and at this time we are still expecting a final surplus budget. General Fund Revenue: Revenue totaling $21.1 million has been received which is 79.3% of the amended budget and $2.1 million more in revenue received at the end of the third quarter of the prior year. The sources of revenue experiencing the largest increases are building permits, sales tax including the new public safety tax, and utilities. General Fund Expenditures: Expenditures in the first three quarters total $18.2 million, which equates to 67.5% of the current year budget and is 5% higher than expenditures in the first three quarters of the prior year. Increased expenditures include: personnel costs, especially in public safety; the addition of positions, some of which have related reimbursements; and contractual services.

General Fund Summary FY17 Final

Actual



Budget


Quarter Revenue $24,979,154 $18,994,285 $26,655,335 $21,127,584 Transfers-in 1,458,637 1,093,974 1,973,502 1,480,131 Revenue & Transfers-in 26,437,791 20,088,259 28,628,837 22,607,715 Expenditures 24,661,547 17,302,341 26,905,294 18,151,978 Transfers-out 1,732,068 1,169,265 1,864,563 1,409,377 Expenditures & Transfers-out 26,393,615 18,471,606 28,769,857 19,561,355 Surplus (Deficit) 44,175 1,616,653 (141,020) 3,046,360

65

Special Revenue Funds In the Sewer Lateral Fund, 98.9% of the current year budgeted revenue has been received and 65.7% of budgeted expenditures spent by the end of the third quarter. In the Special Business District (SBD) Fund, 97.8% of budgeted revenue has been received by the end of the third quarter. The largest revenue source in the SBD is property tax and approximately 99% has been received at this time. The transfers-out in the SBD partially support the General Fund expenditures in the Economic Development and Events programs.

Special Revenue Funds FY17 Final

Actual



Budget


Quarter Sewer Lateral Revenue $93,918 $94,409 $95,168 $94,086 SBD Revenue 521,250 525,053 485,947 475,473 Total Revenue 615,168 619,462 581,115 569,559 Sewer Lateral Expenditures 125,721 81,947 105,000 68,933 SBD Transfers-out 424,952 318,714 564,504 423,378 550,673 400,661 669,504 492,311 Surplus (Deficit) 64,495 218,801 -88,389 77,248

Equipment Replacement Fund Expenditures through the first quarter totaled $1.4 million and were 54% of the amended budget, as only a portion of the replacement vehicles, equipment and projects have yet been received or completed. The largest source of incoming funds comes from a transfer-in from the General Fund. This fund has an intended budgeted deficit in FY18 due to the replacement of several large vehicles and pieces of equipment.

Equipment Replacement Fund FY17 Final

Actual



Budget


Quarter Revenue $202,321 $101,138 $280,864 $219,827 Transfers-in 1,351,149 1,013,346 1,820,837 1,365,651 Revenue & Transfers-in 1,553,470 1,114,484 2,101,701 1,585,478 Expenditures 1,366,606 936,448 2,592,935 1,409,430 Surplus (Deficit) 186,864 178,036 (491,234) 176,048

Capital Improvement Fund Revenue received through the third quarter totaled $4 million and is $495,198 less than the first nine months of the prior year, with the majority of the difference being in grants and donations. FY18 will have less donations due to a large donation last year for Chapman Plaza construction.

Capital Improvement Fund FY17 Final

Actual



Budget


Quarter Revenue $7,538,074 $4,503,065 $7,363,472 $4,007,867 Transfers-in 2,562,772 649,202 2,256,881 700,725 Revenue & Transfers-in 10,100,846 5,152,267 9,620,353 4,708,592 Expenditures 8,427,354 3,879,554 7,074,215 2,522,718 Transfers-out 3,323,479 2,953,973 3,543,461 1,709,616 Expenditures & Transfers-out 11,750,833 6,833,527 10,617,676 4,232,334 Surplus (Deficit) (1,649,986) (1,681,260) (997,323) 476,258

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Debt Service Funds Revenue in all debt service funds through the first three quarters totaled $2.7 million and consisted of real and personal property taxes, federal bond interest rebates and interest income. Debt service expenditures totaled $4.1 million. These totals are 115% of budgeted revenue and 94% of budgeted expenditures. Outstanding principal balances have been reduced by $3.1 million to date in this fiscal year.

Debt Service Funds FY17 Final

Actual



Budget


Quarter Revenue $2,422,692 $2,379,554 $2,385,409 $2,737,145 Transfers-in 2,401,987 2,290,906 2,134,463 653,863 Revenue & Transfers-in 4,824,679 4,670,460 4,519,872 3,391,008 Expenditures 4,772,530 4,519,007 4,393,744 4,123,825 Transfers-out 2,294,046 605,476 2,213,155 656,999 Expenditures & Transfers-out 7,066,576 5,124,483 6,606,899 4,780,824 Surplus (Deficit) (2,241,897) (454,023) (2,087,027) (1,389,816)

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City of Clayton

FY 2018

Quarterly Financial Report

For the Nine Months Ending June, 2018

All Funds

Amended

Budget Final Actual

Actual Thru

June Original Budget

Amended

Budget

Actual Thru

June

% of CY

Budget

Received/

Expended

$ Over (Under)

3rd Quarter

Prior Year

Revenue

General Fund 25,033,569 24,979,154 18,994,285 26,717,335 26,655,335 21,127,584 79.3% 2,133,299

Sewer Lateral Fund 92,060 93,918 94,409 95,168 95,168 94,086 98.9% (323)

Special Business District Fund* 523,952 521,250 525,053 485,947 485,947 475,473 97.8% (49,580)

Equipment Replacement Fund 160,188 202,321 101,138 210,758 280,864 219,827 78.3% 118,689

Capital Improvement Fund 7,356,684 7,538,074 4,503,065 10,239,972 7,363,472 4,007,867 54.4% (495,198)

Debt Service Funds 2,384,421 2,422,692 2,379,554 2,385,409 2,385,409 2,737,145 114.7% 357,591

Total Revenue 35,550,874 35,757,409 26,597,504 40,134,589 37,266,195 28,661,982 76.9% 2,064,478

Transfers‐in 7,774,754 7,774,545 5,047,428 7,478,486 8,185,683 4,200,370 51.3% (847,058)

Total Revenue & Transfers‐in 43,325,628 43,531,954 31,644,932 47,613,075 45,451,878 32,862,352 72.3% 1,217,420

Expenditures

General Fund 25,190,205 24,661,547 17,302,341 26,793,145 26,905,294 18,151,978 67.5% 849,637

Sewer Lateral Fund 125,800 125,721 81,947 105,000 105,000 68,933 65.7% (13,014)

Equipment Replacement Fund 1,574,647 1,366,606 936,448 2,433,764 2,592,935 1,409,430 54.4% 472,982

Capital Improvement Fund 8,232,025 8,427,354 3,879,554 11,042,708 7,074,215 2,522,718 35.7% (1,356,836)

Debt Service Funds 4,781,119 4,772,530 4,519,007 4,393,744 4,393,744 4,123,825 93.9% (395,182)

Total Expenditures 39,903,796 39,353,758 26,719,297 44,768,361 41,071,188 26,276,884 64.0% (442,413)

Transfers‐out 7,774,754 7,774,545 5,047,428 7,478,486 8,185,683 4,199,370 51.3% (848,058)

Total Expenditures & Transfers‐out 47,678,550 47,128,303 31,766,725 52,246,847 49,256,871 30,476,254 61.9% (1,290,471)

Surplus (Deficit) (4,352,922) (3,596,349) (121,793) (4,633,772) (3,804,993) 2,386,098

[‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2017‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐] [‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2018‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐]

*Expenditures related to Economic Development and Events are recorded in the General Fund while revenue is recorded in the Special Business District Fund, with

transfers out to the General Fund supporting the expenditures.

68

City of Clayton

FY 2018


For the Nine Months Ending June 30, 2018General Fund

Amended

Budget Final Actual

Actual Thru


Amended

Budget

Actual Thru

June

Budget

Received /

Expended

$ Over (Under)

3rd Quarter

Prior Year

Revenue & Transfers‐in

Revenue

Property Taxes 6,385,040 6,404,537 6,378,861 6,114,050 6,114,050 6,231,035 101.9% (147,826)

Licenses, Permits & Fees 2,129,590 2,145,452 1,478,525 2,773,345 2,773,345 2,210,949 79.7% 732,424

Sales Tax 4,255,519 4,252,770 2,943,351 4,985,765 4,985,765 3,638,829 73.0% 695,478

Utilities 5,288,831 5,301,493 3,666,445 5,436,899 5,436,899 4,039,828 74.3% 373,383

Intergovernmental 1,308,728 1,279,402 677,738 1,540,249 1,540,249 851,092 55.3% 173,354

Parks & Recreation 1,083,232 1,050,059 713,309 1,172,110 1,110,110 666,431 60.0% (46,878)

Fines & Forfeitures 1,356,600 1,355,033 992,737 1,427,322 1,427,322 1,113,731 78.0% 120,994

Parking 2,243,455 2,256,023 1,594,531 2,300,824 2,300,824 1,569,844 68.2% (24,687)

Miscellaneous 982,574 934,385 548,788 966,771 966,771 805,845 83.4% 257,057

Total Revenue 25,033,569 24,979,154 18,994,285 26,717,335 26,655,335 21,127,584 79.3% 2,133,299

Transfers‐in 1,458,637 1,458,637 1,093,974 1,973,502 1,973,502 1,480,131 75.0% 386,157

Total Revenue & Transfers‐in 26,492,206 26,437,791 20,088,259 28,690,837 28,628,837 22,607,715 79.0% 2,519,456

Expenditures & Transfers‐out

Expenditures

Personnel Services 16,908,760 16,777,614 12,081,895 18,035,995 17,985,412 12,700,347 70.6% 618,452

Contractual Services 6,755,494 6,449,919 4,319,815 7,152,806 7,231,582 4,516,374 62.5% 196,559

Commodities 1,210,867 1,144,331 744,284 1,279,183 1,288,638 730,981 56.7% (13,303)

Programs 211,264 202,202 145,390 214,491 214,491 139,725 65.1% (5,665)

Capital Outlay 103,820 87,481 10,957 110,670 185,171 64,551 34.9% 53,594

Total Expenditures 25,190,205 24,661,547 17,302,341 26,793,145 26,905,294 18,151,978 67.5% 849,637

Transfers‐out 1,732,068 1,732,068 1,169,265 1,864,563 1,864,563 1,409,377 75.6% 240,112

Total Expenditures & Transfers‐out 26,922,273 26,393,615 18,471,606 28,657,708 28,769,857 19,561,355 68.0% 1,089,749

Surplus (Deficit) (430,067) 44,175 1,616,653 33,129 (141,020) 3,046,360

General Fund Expenditures by Department

Amended

Budget Final Actual

Actual Thru


Amended

Budget

Actual Thru

March

% of Budget

Received /

Expended

$ Over (Under)

3rd Quarter

Prior Year


Expenditures

Board of Aldermen & City Clerk 89,830 89,245 67,243 96,622 96,622 60,232 62.3% (7,011)

City Manager 585,169 560,838 389,976 599,167 598,937 443,569 74.1% 53,593

Economic Development 581,815 536,541 333,407 595,116 593,681 318,894 53.7% (14,513)

Finance & Administration 2,332,531 2,226,312 1,598,012 2,727,969 2,741,221 1,761,952 64.3% 163,940

Planning & Development 1,063,955 1,055,687 736,361 1,166,730 1,162,748 786,901 67.7% 50,540

Police 6,514,943 6,471,589 4,744,139 6,994,481 7,005,245 4,857,941 69.3% 113,802

Fire 4,772,048 4,758,785 3,377,379 5,002,461 5,008,669 3,580,710 71.5% 203,331

Public Works 6,430,916 6,206,982 4,201,632 6,490,371 6,549,218 4,219,312 64.4% 17,680

Parks & Recreation 2,344,471 2,307,673 1,487,643 2,668,217 2,696,942 1,745,392 64.7% 257,749

Insurance 474,527 447,895 366,549 452,011 452,011 377,075 83.4% 10,526

Total Expenditures 25,190,205 24,661,547 17,302,341 26,793,145 26,905,294 18,151,978 67.5% 849,637

Transfers‐out 1,732,068 1,732,068 1,169,265 1,864,563 1,864,563 1,409,377 75.6% 240,112

Total Expenditures & Transfers‐out 26,922,273 26,393,615 18,471,606 28,657,708 28,769,857 19,561,355 68.0% 1,089,749

[‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2017‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐]

[‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2017‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐]

The General Fund accounts for all revenue and expenditures associated with the traditional services provided by the Clayton City government.

[‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2018‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐]

[‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2018‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐]

69

City of Clayton

FY 2018


For the Nine Months Ending June 30, 2018

Sewer Lateral Fund

Amended

Budget Final Actual

Actual Thru

June

Original

Budget

Amended

Budget

Actual Thru

June

Budget

Received /

Expended

$ Over (Under)

3rd Quarter

Prior Year


Revenue

Sewer Lateral Fees 91,500 93,013 93,777 93,947 93,947 93,382 99.4% (395)

Interest Income 560 905 632 1,221 1,221 704 57.7% 72

Total Revenue 92,060 93,918 94,409 95,168 95,168 94,086 98.9% (323)

Transfers‐in ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

Total Revenue & Transfers‐in 92,060 93,918 94,409 95,168 95,168 94,086 98.9% (323)


Expenditures

Sewer Lateral Expenditures 125,800 125,721 81,947 105,000 105,000 68,933 65.7% (13,014)

Total Expenditures 125,800 125,721 81,947 105,000 105,000 68,933 65.7% (13,014)

Transfers‐out ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

Total Expenditures & Transfers‐out 125,800 125,721 81,947 105,000 105,000 68,933 65.7% (13,014)

Surplus (Deficit) (33,740) (31,803) 12,462 (9,832) (9,832) 25,153

Special Business District Fund

Amended

Budget Final Actual

Actual Thru

June

Original

Budget

Amended

Budget

Actual Thru

June

Budget

Received /

Expended

$ Over (Under)

3rd Quarter

Prior Year


Revenue

Property Tax 482,239 479,146 483,683 448,205 448,205 443,587 99.0% (40,096)

Investment Income 975 1,737 1,003 1,875 1,875 1,395 74.4% 392

Miscellaneous 40,738 40,367 40,367 35,867 35,867 30,491 85.0% (9,876)

Total Revenue 523,952 521,250 525,053 485,947 485,947 475,473 97.8% (49,580)

Transfers‐in ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

Total Revenue & Transfers‐in 523,952 521,250 525,053 485,947 485,947 475,473 97.8% (49,580)

Transfers‐out 424,952 424,952 318,714 564,504 564,504 423,378 75.0% 104,664

Surplus (Deficit) 99,000 96,298 206,339 (78,557) (78,557) 52,095

[‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2017‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐]

The Sewer Lateral Fund provides funding to residents for all or a portion of the cost of certain repairs of defective sewer lateral lines on all

residential property having six or fewer dwelling units.

This fund provides for a portion of the economic development activities in the downtown area including capital improvements, promotion of the

area through marketing and advertising, and efforts related to attraction and/or retention of businesses. Expenditures related to Economic

Development and Events are recorded in the General Fund, while revenue is recorded in the Special Business District Fund, with transfers out to

the General Fund supporting these items.

[‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2017‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐] [‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2018‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐]

[‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2018‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐]

70

City of Clayton

FY 2018



Equipment Replacement Fund

Amended

Budget Final Actual

Actual Thru

June

Original

Budget

Amended

Budget

Actual Thru

June

% of Budget

Received /

Expended

$ Over (Under)

3rd Quarter

Prior Year


Revenue

Gain/Loss on Sale of Assets 95,982 106,700 79,976 160,538 204,398 161,030 78.8% 81,054

Interest Income 37,806 33,127 21,162 50,220 50,220 32,551 64.8% 11,389

Miscellaneous 26,400 62,495 ‐ 26,246 26,246 ‐ 26,246

Total Revenue 160,188 202,321 101,138 210,758 280,864 219,827 78.3% 118,689

Transfers‐in 1,351,149 1,351,149 1,013,346 1,820,837 1,820,837 1,365,651 75.0% 352,305

Total Revenue & Transfers‐in 1,511,337 1,553,470 1,114,484 2,031,595 2,101,701 1,585,478 75.4% 470,994


Expenditures

Technology Projects 106,017 100,213 88,498 806,714 806,714 450,721 55.9% 362,223

Vehicles and Equipment 1,365,612 1,163,376 770,687 1,524,032 1,683,203 881,446 52.4% 110,759

Debt Payment ‐ Ladder Truck Loan 103,018 103,018 77,263 103,018 103,018 77,263 75.0% ‐

Total Expenditures 1,574,647 1,366,606 936,448 2,433,764 2,592,935 1,409,430 54.4% 472,982

Transfers‐out ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐

Total Expenditures & Transfers‐out 1,574,647 1,366,606 936,448 2,433,764 2,592,935 1,409,430 54.4% 472,982

Surplus (Deficit) (63,310) 186,864 178,036 (402,169) (491,234) 176,048

The Equipment Replacement Fund establishes a "sinking" or reserve account for the systematic replacement of all capital vehicles and large

equipment. The net replacement cost for each item is divided by its useful life, resulting in an annual amount to be budgeted and transferred to this

fund for the replacement of the item.

[‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2017‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐] [‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2018‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐]

71

City of Clayton

FY 2018



Amended

Budget Final Actual

Actual Thru


Amended

Budget

Actual Thru

June

% of Budget

Received /

Expended

$ Over

(Under) 3rd

Quarter Prior

Year


Revenue

Capital Improvement Sales Tax 1,310,108 1,308,815 949,111 1,279,582 1,279,582 1,010,623 79.0% 61,512

Stormwater & Parks Sales Tax 1,540,418 1,539,782 1,116,601 1,505,391 1,505,391 1,188,968 79.0% 72,367

Road & Bridge Tax 897,400 900,496 895,724 892,784 892,784 967,959 108.4% 72,235

Grants & Donations 3,564,896 3,745,420 1,508,958 1,747,409 1,747,409 804,188 46.0% (704,770)

Interest Income/Other 36,260 38,369 27,479 31,506 31,506 30,937 98.2% 3,458

Use of Bond Proceeds ‐ ‐ ‐ 4,776,500 1,900,000 ‐ 0.0% ‐

Contributions/Special Assessments 7,602 5,192 5,192 6,800 6,800 5,192 76.4% ‐

Total Revenue 7,356,684 7,538,074 4,503,065 10,239,972 7,363,472 4,007,867 54.4% (495,198)

Transfers‐in 2,562,772 2,562,772 649,202 1,549,684 2,256,881 700,725 31.0% 51,523

Total Revenue & Transfers‐in 9,919,456 10,100,846 5,152,267 11,789,656 9,620,353 4,708,592 48.9% (443,675)


Expenditures 8,232,025 8,427,354 3,879,554 11,042,708 7,074,215 2,522,718 35.7% (1,356,836)

Transfers‐out 3,323,688 3,323,479 2,953,973 3,543,461 3,543,461 1,709,616 48.2% (1,244,357)

Total Expenditures & Transfers‐out 11,555,713 11,750,833 6,833,527 14,586,169 10,617,676 4,232,334 39.9% (2,601,193)

Surplus (Deficit) (1,636,257) (1,649,986) (1,681,260) (2,796,513) (997,323) 476,258

FY 2017

Amended

Budget

FY 2017 Final

Actual

FY 2018

Original

Budget

FY 2018

Amended

Budget

FY 2018

Expended YTD

% of Budget

Received /

Expended

Projects

Street Resurfacing ‐ General 7,200 ‐ 150,000 ‐ ‐ ‐

Street Resurfacing ‐ Bond Funded 2,540,900 2,483,966 1,869,471 2,691,918 625,347 23.2%

Traffic Signal/Signage Improvements 325,014 324,845 ‐ 130,000 106,611 82.0%

Streetscape Improvements ‐ ‐ 50,000 50,000 ‐ 0.0%

Microsurfacing ‐ ‐ 40,000 40,000 ‐ 0.0%

Street Lighting ‐ Bond Funded 1,750 1,750 ‐ 34,750 31,850 91.7%

Curb & Sidewalks 75,000 71,266 158,500 161,010 1,708 1.1%

Facility Improvements 719,600 611,184 4,447,500 2,057,300 399,667 19.4%

Shaw Park Ice Rink 410,000 409,670 2,320,000 400,000 298,473 74.6%

Shaw Park Projects 3,751,022 4,113,575 600,000 190,000 186,467 98.1%

Oak Knoll Park Projects 35,600 37,260 636,000 708,000 313,422 44.3%

DeMun Park ‐ ‐ 300,000 50,000 1,704 3.4%

Ballfields 176,000 183,831 320,000 320,000 320,636 100.2%

Total Expenditures* 8,042,086 8,237,347 10,891,471 6,832,978 2,285,885 33.5%

FY 2018 Budgeted Capital Expenditures

*This list of capital expenditures only includes projects underway in FY 2018. It does not include projects that were completed in FY 2017.

Capital Improvement Fund

The Capital Improvement Fund earmarks funds for specific capital improvement and infrastructure needs.

[‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2017‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐] [‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2018‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐]

72

City of Clayton

FY 2018



Debt Service Funds

This summary provides information on all of the City's Debt Service Funds.

Amended

Budget Final Actual

Actual Thru

June

Original

Budget

Amended

Budget

Actual Thru

June

% of Budget

Received /

Expended

$ Over (Under)

3rd Quarter

Prior Year


Revenue

2009 A/B Bond Issue 1,242,231 1,257,121 1,252,257 1,258,363 1,258,363 1,280,518 101.8% 28,261

2011 Bond Issue ‐ 21 17 90 90 98 100.0% 81

2014 General Obligation Bonds 1,132,581 1,155,445 1,124,111 1,119,397 1,119,397 1,453,332 129.8% 329,221

2014 Special Obligation Refunding Bonds 9,609 10,105 3,169 7,559 7,559 3,197 42.3% 28

Total Revenue 2,384,421 2,422,692 2,379,554 2,385,409 2,385,409 2,737,145 114.7% 357,591

Transfers‐in

From General Fund

For 2014 S.O. Refunding Bonds 112,193 112,193 112,193 ‐ ‐ ‐ ‐ (112,193)

From Capital Improvement Fund

For 2011 Issue 654,913 654,704 543,623 652,863 652,863 653,863 100.2% 110,240

For 2014 S.O. Refunding Bonds 1,635,090 1,635,090 1,635,090 1,481,600 1,481,600 ‐ 0.0% (1,635,090)

Total Transfers‐in 2,402,196 2,401,987 2,290,906 2,134,463 2,134,463 653,863 30.6% (1,637,043)

Total Revenue & Transfers‐in 4,786,617 4,824,679 4,670,460 4,519,872 4,519,872 3,391,008 75.0% (1,279,452)


Expenditures

2009 A/B Bond Issue 1,227,768 1,225,434 1,225,434 1,256,543 1,256,543 1,218,208 96.9% (7,226)

2011 Bond Issue 654,913 654,704 654,704 652,863 652,863 648,048 99.3% (6,656)

2014 General Obligation Bonds 997,138 994,115 779,619 1,005,738 1,005,738 794,019 78.9% 14,400

2014 Special Obligation Refunding Bonds 1,901,300 1,898,277 1,859,250 1,478,600 1,478,600 1,463,550 99.0% (395,700)

Total Expenditures 4,781,119 4,772,530 4,519,007 4,393,744 4,393,744 4,123,825 93.9% (395,182)

Transfers‐out

2011 Issue for Capital Projects ‐ ‐ ‐ ‐ ‐

2014 G.O. Issue for Capital Projects 2,294,046 2,294,046 605,476 1,505,958 2,213,155 656,999 29.7% 51,523

Total Transfers‐out 2,294,046 2,294,046 605,476 1,505,958 2,213,155 656,999 29.7% 51,523

Total Expenditures & Transfers‐out 7,075,165 7,066,576 5,124,483 5,899,702 6,606,899 4,780,824 72.4% (343,659)

Surplus (Deficit) (2,288,548) (2,241,897) (454,023) (1,379,830) (2,087,027) (1,389,816)

[‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2017‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐] [‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐FY 2018‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐]

73




JANET K. WATSON, DIRECTOR OF FINANCE AND ADMINISTRATION DATE: OCTOBER 9, 2018 SUBJECT: ORDINANCE – 3RD QUARTER AMENDMENT TO THE FISCAL YEAR 2018

BUDGET

The City of Clayton reviews and makes adjustments to its budgeted revenues and expenditures on a quarterly basis to respond to changes as the fiscal year progresses and to update the Board regarding budgetary issues. As part of the quarterly budget review, staff is presenting for your consideration the third amendment to the Fiscal Year 2018 (FY18) budget. The largest part of this amendment is related to two projects that are delayed until next fiscal year. The 3rd Quarter Financial Report will also be presented at this same meeting. The proposed amendment is summarized in the table below:

ALL FUNDS FY18 FY18 FY18 Amendments 3rd Quarter Budget

Amended Previously Amendment After This % Budget Approved Requested Amendment Change

Beginning Fund Balance $34,783,185 $34,783,185 Revenues $47,613,075 ($2,162,697) $1,500 $45,451,878 -4.5% Expenditures $52,210,846 ($1,047,976) ($1,942,000) $49,220,870 -5.7%

Net Change ($1,114,721) $1,943,500 Ending Fund Balance $30,185,414 $31,014,193

Below are further explanations, presented by fund, of the items included in this amendment.

General Fund

Revenue – No change

Expenditures – Net Decrease of $148,000

• Facilities (IT and Public Works) – With the addition of two new staff for the Richmond Heights ITservices agreement, an additional workstation at a cost of $4,796 was required and these fundsneed to be moved from the IT budget to Public Works Facilities budget.

• Parking System Costs (Court & Public Works) – This was the first full year of operating the newparking system, including the costs of the mobile ap and the online parking ticket payments. Thecosts for these system services was higher than planned by approximately $37,231 and onemonthly invoice was received after the close of the prior year in the amount of $17,769.

74

• Outdoor Pool (Parks & Recreation) – There was a significant leak found under the pool deck and also a broken glass incident which caused the need to drain and refill the pool. Both of these issues resulted in higher water usage bills in the amount of $65,000, and the related increase in sewer charges in the amount of $28,000.

Capital Improvement Fund Revenue – Net Increase of $1,500

• Transfer-in from Bond Funds – There was a needed small increase of $1,500 added to the lighting study contract to cover the presentation at the Board of Aldermen meeting.

Expenditures – Net Decrease of $2,091,500

• Public Works Projects – Two small projects were adjusted which were: 1) the lighting study was expanded to include a BOA presentation in the amount of $1,500; and 2) next year there is a project for the renovation of the Fire Department kitchen and the design work for $5,000 is being added to this year’s budget.

• Parks & Recreation Projects – Three projects were adjusted which were: 1) The construction of the Ice Rink has been delayed until FY19, therefore we are reducing project costs in this year by $1,920,000; 2) the DeMun Park playground will go to bid in late fall of 2019, therefore the project costs are being eliminated this year; and 3) the Oak Knoll project had significant unanticipated costs in the amount of $72,000 associated with the required relocation of water and electric lines.

Debt Service Funds Revenue – No Change Expenditures – Net Increase of $1,500

• Transfer-out to Capital Fund – Additional funds of $1,500 was added to the lighting study contract to include a presentation to the BOA.

An ordinance is attached incorporating the recommended amendments to the FY18 budget. Exhibit 1-1 provides a fund summary of the effect of the recommended amendments and the percentage effect of the accumulated amendment to each fund. Exhibit 1-2 lists the individual budget line items in this quarter’s amendment. Recommendation: To approve the attached ordinance adopting an amendment to the FY18 budget with a net effect on the City’s fund balances of an increase of $1,943,500.

75

BILL NO.

6694

ORDINANCE NO.

AN ORDINANCE AMENDING THE FISCAL YEAR 2018 BUDGET AND APPROPRIATING FUNDS PURSUANT THERETO

WHEREAS, the Board of Aldermen on September 12, 2017, adopted the annual budget for Fiscal Year 2018 commencing October 1, 2017; and

WHEREAS, the Fiscal Year 2017 budget was amended on February 27, 2018, and May 22, 1018,

for significant changes in revenue and expenditures on a fund basis that may affect the budget by year end; and

WHEREAS, the Fiscal Year 2018 budget is to be amended in the 3rd quarter to account for

significant changes in revenue and expenditures on a fund basis that may affect the budget by year end. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF

CLAYTON, MISSOURI, AS FOLLOWS: Section 1. The annual Fiscal Year 2018 (FY18) budget for the City of Clayton, Missouri commencing on October 1, 2017, is hereby amended as reported in Exhibit 1-1 and described in detail in the narrative portions of Exhibit 1-2 and summarized below:

FY18 FY18 FY18 Amendments 3rd Quarter Budget Original Previously Amendment After This Budget Approved Requested Amendment

Revenues $47,613,075 ($2,100,697) $1,500 $45,513,878

Expenditures $52,210,846 ($2,088,052) ($1,942,000) $48,180,794 Section 2. Funds are hereby appropriated as set forth in said Exhibit 1-1. The expenditure of the

funds so appropriated shall be subject to the control of the City Manager.

Section 3. This ordinance shall be in full force and effect from and after its passage by the Board of Aldermen.

Passed this 9th day of October, 2018. __________________________________________ Mayor ATTEST: ___________________________________ City Clerk

76

City of Clayton EXHIBIT 1-1 3rd Quarter Fiscal Year (FY) 2018 Budget Amendment FY 18 Budget FY 18 Original 1st Quarter 2nd Quarter 3rd Quarter After % Fund Fund Name Type Budget Amendment Amendment Amendment Amendment Change

10 General Beginning Fund Balance 16,987,521 16,987,521 Revenues 28,690,837 0 (62,000) 0 28,628,837 -0.2%

Expenditures 28,657,707 15,467 (51,318) 148,000 28,769,856 0.4%

Ending Fund Balance 17,020,651 (15,467) (10,682) (148,000) 16,846,502 -1.0%

12 Sewer Lateral Beginning Fund Balance 93,820 93,820 Revenues 95,168 0 0 0 95,168 0.0%

Expenditures 105,000 0 0 0 105,000 0.0%

Ending Fund Balance 83,988 0 0 0 83,988 0.0%

45 Special Beginning Fund Balance 231,580 231,580 Business Revenues 485,947 0 0 0 485,947 0.0%

District Expenditures 564,504 0 0 0 564,504 0.0%

Ending Fund Balance 153,023 0 0 0 153,023 0.0%

50 Equipment Beginning Fund Balance 5,236,670 5,236,670 Replacement Revenues 2,031,595 70,106 0 0 2,101,701 3.5%

Expenditures 2,433,764 159,171 0 0 2,592,935 6.5%

Ending Fund Balance 4,834,501 (89,065) 0 0 4,745,436 -1.8%

60 Capital Beginning Fund Balance 3,604,502 3,604,502 Improvement Revenues 11,789,656 (2,170,803) 0 1,500 9,620,353 -18.4%

Fund Expenditures 14,586,169 (1,556,993) (320,000) (2,091,500) 10,617,676 -27.2%

Ending Fund Balance 807,989 (613,810) 320,000 2,093,000 2,607,179 222.7%

All Debt Service Beginning Fund Balance 8,629,092 8,629,092 Revenues 4,519,872 0 0 0 4,519,872 0.0%

Expenditures 5,863,702 (705,697) 1,411,394 1,500 6,570,899 12.1%

Ending Fund Balance 7,285,262 705,697 (1,411,394) (1,500) 6,578,065 -9.7%

Beginning Fund Balances 34,783,185 34,783,185

TOTAL REVENUES 47,613,075 (2,100,697) (62,000) 1,500 45,451,878 -4.5%

TOTAL EXPENDITURES 52,210,846 (2,088,052) 1,040,076 (1,942,000) 49,220,870 -5.7%

Ending Fund Balances 30,185,414 (12,645) (1,102,076) 1,943,500 31,014,193 2.7%

77

City of Clayton EXHIBIT 1-2 3rd Quarter Budget Amendment - FY 2018

Account # Account Name 3rd Quarter Amendment Description

Revenue CAPITAL IMPROVEMENTS FUND

60R00009330000 Transfer-in From Bond Funds 1,500 Expanded lighting study cost to include BOA presentation.

Total Revenue Amendment $1,500

Account # Account Name 3rd Quarter Amendment Description

Expenditures GENERAL FUND

10X11022700000 Contractual Services - IT (4,796) Funds are being transferred from the IT budget to 10X14045020000 Building Improvements - PW Facilities 4,796 the Public Works Facilities budget for work in the IT

area to add additional staff due to the Richmond Heights services agreement.

10X1003270000 Contractual Services - Court 25,000 Use of mobile parking system for parking fees and 10X14062690000 Banking & Credit Card Fees - PW

Parking 30,000 ticketing was higher than originally budgeted.

Some of these costs are offset by additional revenue.

10X16032310000 Water 65,000 A significant leak under the pool deck and a broken 10X16032340000 Sewer Service Charge 28,000 glass incident in the pool caused the need to drain

and refill the pool, resulting in high water usage and the related increase in sewer charges.

CAPITAL IMPROVEMENT FUND

60X03006090000 Street Lighting 1,500 Expanded lighting study cost to include BOA presentation.

60X01006250000 Facilities Improvements 5,000 Design budget for FY19 Fire Department kitchen renovation.

60X16006450000 Ice Rink (1,920,000) The construction of this project has been delayed.

60X16006470000 DeMun Park (250,000) This project will go to bid in late fall of 2019.

60X16006540000 Oak Knoll Park 72,000 On the Oak Knoll project there were significant costs associated with the relocation of water and electric lines that were not anticipated.

DEBT FUNDS

55X00009250000 Transfer-Out from Bond Funds 1,500 Increasing the transfer-out of bond funds to cover the lighting study cost increase to include the BOA presentation.

Total Expenditure Amendment (1,942,000)

78

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