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October 22, 2019 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held October 22, 2019. It records attendance; recognitions and commendations for police officers; a public hearing and approval (Resolution No. 19-13) of a Conditional Use Permit for a live/work unit at 6317 Clayton Road; discussion of a proposed sale and development agreement for 602 South Hanley Road including an appraisal (lot value about $720,000, parking valued about $570,000) and Savoy Properties’ proposed purchase price of $225,000, and a motion to table the related ordinance that passed 4–2 (Aye: Lintz, McAndrew, Buse, Harris; Nay: Boulton, Berkowitz). The minutes also note agenda items on amendments to the uniformed and non-uniformed pension plan investment policy statements.
Cited passage

Cori Hinterser, Project Manager, addressed the Board to answer questions. Mayor Harris closed the public hearing.

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Motion made by Alderman Winings to approve Resolution No. 19-13, a Conditional Use Permit for 6317 Clayton Road. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER APPROVING A SALES AGREEMENT FOR 602 HANLEY ROAD

Interim City Manager Watson reported that on July 27, 2015, staff issued a request for proposals related to the development of City-owned property located at 602 South Hanley Road, currently a surface parking lot with 15 leased spaces and 12 metered spaces. Staff received two responses by the October 27, 2015, deadline. After review of the submissions, staff did not make a recommendation but allowed the RFP to remain open.

Staff has recently been approached by Savoy Properties to build a four-story, 15-unit condominium building with ground floor retail and 100 parking spaces. 41 of the 100 parking spaces would be available to the public. The proposed contract does not circumvent the required rezoning and architectural review of the project. Savoy Properties will make application for a Planned Unit Development district designation and follow the normal site plan and architectural review process. In addition, the City will have a broad, discretionary approval right, as property owner, to approve or disapprove the project, similar to the broad approval right reserved by the City in the 8049 Forsyth sale.

Staff commissioned an appraisal of the lot and an analysis of the value of public parking to be provided. The lot has a market value of about $720,000. The parking is valued at about $570,000.

Savoy Properties is proposing to pay the City $225,000 for the property. This offer combined with the value of the public parking exceeds the current market value of the property.

Staff recommendation is to approve the ordinance and the sale of the property to Savoy Properties or its affiliate under the terms reflected in the agreement.

Gary Carter, Economic Developer, addressed the Board noting that there is a revised memo provided tonight.

John Pennington, Savoy Properties, addressed the Board to answer questions.

Alderman Berkowitz expressed the importance of having a plan and that there is no threat to losing current businesses (restaurants), having ample parking, and also keeping with the aesthetics and architecture in the area.

Tyler Stephens, Core10, addressed the Board to answer questions.

Alderman McAndrew expressed concern over the height of the project.

Alderman Buse referenced the city’s Comprehensive Plan and expressed concern regarding traffic and parking.

Cole Martin, owner of property east of project, addressed the board with concerns regarding the impact on that intersection, loss of sunlight due to height of building, and parking.

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THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue October 22, 2019 7:00 p.m.

Minutes

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

Aldermen: Mark Winings, Joanne Boulton, Richard Lintz, Ira Berkowitz, Bridget McAndrew, and Susan Buse.

Mayor Harris Interim City Manager Watson City Attorney O’Keefe

Motion made by Alderman Lintz to approve the October 8, 2019 minutes. Alderman Boulton seconded.

Motion to approve the minutes passed unanimously on a voice vote.

PUBLIC REQUESTS AND PETITIONS

Mayor Harris recognized the loss of Tom Townsend, founder of Pianos for People.

AWARDS & RECOGNITIONS

Chief Mark Smith recognized Clayton Police Officer Jacob Schroeder and Richmond Heights Police Officer Matthew Karl with commendations for their arrest of an armed suspect in August of 2018.

Chief Smith recognized Clayton Police Officer Kevin Hynes with a commendation for his arrest of a burglary suspect in August 2019.

A PUBLIC HEARING AND A RESOLUTION TO CONSIDER A CONDITIONAL USE PERMIT FOR 6317 CLAYTON ROAD

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

Interim City Manager Watson reported that this is a public hearing and resolution to consider a Conditional Use Permit application made by Heather and David Perkin for the proposed live/work unit at 6317 Clayton Road.

Cori Hinterser, Project Manager, addressed the Board to answer questions.

Mayor Harris closed the public hearing.

Alderman Buse referenced the city’s Comprehensive Plan and expressed concern regarding traffic and parking. Cole Martin, owner of property east of project, addressed the board with concerns regarding the impact on that intersection, loss of sunlight due to height of building, and parking.

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Jim Shipley, 618 S. Hanley, addressed the Board with concerns regarding safety of pedestrians, traffic, and code enforcements on current buildings.

Betsy Wack, 7611 Wydown Boulevard, addressed the Board with concerns regarding illegal parking expressing a need for a full-time employee to enforce parking on Wydown; and the proposed height of the building.

Barbara Budde, 622 S. Hanley Road, addressed the Board with concerns regarding parking and the safety of the children from Central Presbyterian, the size of the project and the required zoning.

Corbin Holtzman, owner, University Tower, addressed the Board commenting that the Savoy company does a great job with their projects and he looks forward to the proposed project at this location.

David Berland, 609 W. Polo, addressed the Board urging that there is no vote taken until the parking issue is clearer.

William Budde, 622 S. Hanley Road, addressed the Board expressing his disappointment to hear about the development and encouraged the Board to enforce zoning.

Charlie Voellinger, 606 E. Polo, addressed the Board with concerns about the size of the project; the proposed parking spaces are not adequate; and construction parking in the neighborhood. He said that he is in support of a development but would like better solutions – suggesting converting Acorn Park into a parking lot.

Karen Fairbank, Forest court, addressed the Board regarding concerns for ingress/egress for entrance into the proposed parking garage; additional traffic from development (i.e. Centenne); adding that additional retail is not needed.

Carol Neffle, owner of four buildings in the Moorlands, addressed the Board stating that more developments or retailers are not needed.

Ed Scherl, owner of Muscle Up Fitness, address the Board in support of the proposed project.

Barbara Deen, 7526 Wydown, addressed the Board urging to maintain the architectural beauty of the area; two story condo; do not add more retail; and place the parking underground.

Zoe Robinson, owner of several restaurants in the proposed area, addressed the Board with concerns of losing customers due to lack of parking.

Mayor Harris reminded everyone that the ancillary parking is at the church school.

Alderman Berkowitz commented that he appreciates all of the input and that this will be a long process.

Alderman Winings moved that the Board table Bill No. 6765, approving and authorizing execution of an Agreement for the Sale and Development of 602 South Hanley Road. Alderman Boulton seconded.

Alderman Winings moved that the Board table Bill No. 6765, approving and authorizing execution of an Agreement for the Sale and Development of 602 South Hanley Road. Alderman Boulton seconded.

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The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER APPROVING THE CLOSING OF SALE OF 8049 FORSYTH BOULEVARD AND RELATED ANCILLARY DOCUMENTS

(8:37 p.m.) Alderman Winings recused himself.

Interim City Manager Watson reported that on September 5, 2019, 8049 Forsyth Acquisitions, LLC (“Forsyth”) and the City entered into an Agreement of Purchase and Sale (“Purchase Agreement”) concerning the sale of the City-owned property located at 8049 Forsyth Boulevard. The agreed upon price for the property under the Purchase Agreement is $2,625,000. The Purchase Agreement allows Forsyth until December 4, 2019 to obtain all necessary governmental approvals for its proposed project. In addition, the Purchase Agreement gives the City the right to terminate the Agreement if, in the exercise of a broad, discretionary standard of approval (the “City’s Approval Right”), the City does not approve the developer’s proposed project. Forsyth has not obtained its governmental approvals for its proposed project, and the City has not approved Forsyth’s proposed project pursuant to the City’s Approval Right. Forsyth would like to close the sale of the Property, prior to obtaining such approvals and at their own risk, to permit Forsyth to complete a Section 1031 exchange prior to expiration of its six month replacement period due to expire on or about December 6, 2019 and to fulfil certain obligations to potential tenants. Section 1031 is a reference to Internal Revenue Code that allows the reinvestment of property sale proceeds into another with a lesser tax obligation.

Andrew Galakatos, 8025 Maryland Avenue, addressed the Board stating that he is pleased to know that the sales agreement has a buy back option. He asked that the Board take more time to reconsider the approval and to move to table the issue.

Alderman Berkowitz expressed concerns about the Arts & Entertainment (agreement) (1) the “temporary closure” and the limit of ten days’ notice to the City; (2) there are no provisions/approvals from the City.

Alderman Lintz inquired as to the Design Approval Agreement, size of garage, and the Terrace Use Agreement.

Franz vonKaenel, Armstrong Teasdale, addressed the Board to answer questions.

Scott Haley, 8027 Forsyth Acquisitions, LLC, addressed the Board to answer questions.

Alderman Boulton introduced Bill No. 6764, an ordinance to approve the closing of sale of 8049 Forsyth Boulevard and related ancillary documents to be read for the first time by title only. Alderman Boulton seconded.

Aye – 4 (Lintz, McAndrew, Buse, and Harris); Nay – 2 (Boulton and Berkowitz)

9:35 p.m., Alderman Winings rejoined the meeting.

A RESOLUTION TO CONSIDER APPROVING AN AMENDMENT TO THE NON-UNIFORMED PENSION PLAN INVESTMENT POLICY STATEMENT

A RESOLUTION TO CONSIDER APPROVING AN AMENDMENT TO THE UNIFORMED PENSION PLAN INVESTMENT POLICY STATEMENT

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