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minutes 2020-12-08 City meeting records #qb309a2ae Open original ↗

December 8, 2020 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held virtually on December 8, 2020. It records agenda items including approval of prior minutes, a public hearing and conditional use permit matter for M1 Bank and a separate CUP request for a second unit at 12 Hillvale Drive (with a motion to table Resolution No. 2020-18 that passed 6–1), adoption of a PACE-related ordinance joining state clean energy districts (Bill No. 6812 adopted as Ordinance No. 6672 on a unanimous roll call), and approval of a contract award for the Maryland Avenue resurfacing project to L.F. Krupp Construction. The minutes also list roll call attendance, procedural notes about virtual voting, and brief aldermanic reports.
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12-08-2020 BOA Minutes December 8, 2020 Page 5 of 8

Theodore Povinelli, owner, 12 Hillvale, addressed the Board stating that they are a family who are members of Clavarach and participate fully in the neighborhood and understands its values. He expressed full responsibility for making the mistake of not notifying the trustees and/or residents of his plans and how it was an oversight on his part and would like to communicate that to the neighborhood. He thanked everyone involved and hopes that they can work this out. Motion made by Alderman Berkowitz to table Resolution No. 2020-18, a request for a Conditional Use Permit for 12 Hillvale Drive to allow for a second unit until action is taken by the Plan Commission/Architectural Review Board on the site plan. Alderman Buse seconded. The motion passed on at 6–Ayes to 1–Nay (Alderman Lintz) vote. AN ORDINANCE TO CONSIDER AUTHORIZING THE CITY TO JOIN THE MISSOURI CLEAN ENERGY DISTRICT, SHOW ME PACE CLEAN ENERGY DISTRICT, AND MISSOURI ENERGY SAVINGS PROGRAM PURSUANT TO THE PROPERTY ASSESSMENT CLEAN ENERGY ACT

City Manager Gipson reported that Property Assessed Clean Energy (PACE) financing is a program available to commercial and residential property owners. The program provides financing for all upfront costs of eligible energy efficient upgrades, renewable energy upgrades and energy audits for homes and businesses. There are currently four PACE programs operating in Missouri. The Show Me PACE Clean Energy District, available throughout the state, is administered by the Missouri Energy Initiative.

She referenced an approval done for a project on Wydown that came back before the Board of Aldermen and then therefore denied. Alderman Boulton explained that that particular project went through an appeal process to which the Board of Aldermen cannot hear/decide an appeal based on the Board of Adjustment decision but can hear/decide an appeal under certain circumstances based on a site plan review and architectural review approval. Alderman Lintz added that everyone should be aware of the City’s appeal process in the event that they are not happy with an approval outcome

City Attorney O’Keefe explained that the Board of Adjustment is established by State law and empowered by State law with specific authority of jurisdiction. Under those State laws it is a quasi-judicial – a weighing of evidence to determine whether or not a hardship required in order to grant a variance. Four out of five votes are required, not a simple majority. It is a final adjudication of the claim of hardship or misapplication of the ordinance. Under the structure provided by the State any aggrieved party who disagrees with the results of the Board of Adjustment seeks review of it in Circuit Court – the City cannot restructure that process in that regard. Taylor Huston, Project Manager, Architect for 12 Hillvale, addressed the Board stating that the variance request has been placed on hold in order to work with the neighborhood trustees to address the concerns raised by the residents.

Under the structure provided by the State any aggrieved party who disagrees with the results of the Board of Adjustment seeks review of it in Circuit Court – the City cannot restructure that process in that regard. Taylor Huston, Project Manager, Architect for 12 Hillvale, addressed the Board stating that the variance request has been placed on hold in order to work with the neighborhood trustees to address the concerns raised by the residents. Alderman Buse commented that she appreciates the efforts and is optimistic that the neighborhood will be all working together. Part of the issue is that there is a restriction for something like this in the indentures. Hopefully, by putting forward a good faith and talking with the neighborhood this will make more sense and trusts it will all work out. Alderman Boulton again clarified that AirBnBs are not allowed in the City and that the community is regularly “policed.” If there is a property discovered, then they are immediately shut down.

There are currently four PACE programs operating in Missouri. The Show Me PACE Clean Energy District, available throughout the state, is administered by the Missouri Energy Initiative. The Missouri Clean Energy District (MCED) is available throughout the state and is administered by Missouri Clean Energy Fund, LLC. The Missouri Energy Savings Program, available in St. Louis County, is administered by Energy Equity Funding through a contract with the St. Louis County Clean Energy Development Board. The City of St. Louis has created a program called Set the PACE St. Louis which is administered by Energy Equity Funding. Municipalities may belong to more than one clean energy district. Local governments who participate in a PACE program give their commercial and residential property owners access to funding for energy efficiency projects, renewable energy projects and water conservation projects, – with no cost or liability for the sponsoring municipality and without using any public funds. Property owners can receive 100% of their project cost upfront and then repay the financing through annual property assessments over the course of 10 to 20 years. The lien provides strong debt collateral in the event a property owner defaults on the assessment. Additionally, since the financing is tied to the property, upon its sale the remaining tax liability transfers with ownership and the energy savings are passed along to the next owner. The Board expressed their gratitude to staff for pursuing and that the program would be beneficial to Clayton.

Additionally, since the financing is tied to the property, upon its sale the remaining tax liability transfers with ownership and the energy savings are passed along to the next owner. The Board expressed their gratitude to staff for pursuing and that the program would be beneficial to Clayton. City Manager Gipson added that the link to the program information will be available on the City’s webpage. Alderman Boulton introduced Bill No. 6812, to authorize the City to join the Missouri Clean Energy District, Show Me Pace Clean Energy District, and Missouri Energy Savings Program pursuant to the Property Assessment Clean Energy Act to be read for the first time by title only. Alderman Lintz seconded.

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