Citation in context
May 20, 2016 — Meeting Minutes
Cited passage
05-20-16 BOA Minutes May 20, 2016 Page 2 of 4 The reduction in development incentives is to be accomplished by an amendment to the Development Agreement previously entered into between the city and developer. The attached ordinance also approves an Amended and Restated Development Agreement to provide for the reduced tax abatement while maintaining all other terms of the previously approved Development Agreement. Recommendation is to approve the ordinance. Alderman Berkowitz asked if there is something specifically where the developer is also releasing the City. City Attorney O’Keefe stated that the specific statement is not in the document adding that the litigation involved is no claims between us. Alderman Berkowitz stated that this does not mean that they cannot bring claims of indemnity later. City Attorney O’Keefe stated that he would have further conversation with the developers’ legal counsel and report back to the Board and the City Manager. Alderman Boulton introduced Bill No. 6559, an ordinance to consider approval relating to the settlement of litigation for the 212 S. Meramec Avenue Development and to consider an amendment to the Redevelopment Agreement for 212 S. Meramec Avenue to be read for the first time by title only. Alderman Berger seconded.
Louis County Circuit Court Judge Thomas Prebil ruled that the city acted properly in rejecting the petitions because a referendum was not permitted under the Charter of the City and the laws of the State of Missouri. The plaintiffs appealed that decision to the Missouri Court of Appeals. A three-judge panel of that court ruled unanimously last December that Judge Prebil and the City were correct. The plaintiffs ask the Missouri Supreme Court to take transfer of the case and on May 3, 2016, the Missouri Supreme Court sustained that request. As the Board of Aldermen is aware, the developer proceeded with the construction process while the trial and appellate court proceedings were pending. In order to avoid risk and uncertainty associated with protracted appeals discussions were initiated concerning a possible settlement of the dispute in a manner that would allow the project to proceed. Those discussions resulted in the Settlement Agreement submitted to the Board for approval as part of the attached ordinance. The Settlement Agreement has been approved by the plaintiffs and the developer.
Those discussions resulted in the Settlement Agreement submitted to the Board for approval as part of the attached ordinance. The Settlement Agreement has been approved by the plaintiffs and the developer. The Agreement provides that the incentives for the development project will be reduced from 50% to 20%, provides $500,000 to be paid by the developer to the Park Tower Condominium Association and $500,000 to be paid by the developer to the plaintiffs for their costs and expenses of litigation, the installation of a camera facing east on top of the new apartment tower and providing a live Internet feed to units in the Park Tower Condominium, and a requirement that exterior lighting on the new project above the first floor be extinguished at 10 o’clock each evening.
Meramec Avenue to be read for the first time by title only. Alderman Berger seconded. City Attorney O’Keefe reads Bill No. 6559, an Ordinance approving a Settlement Agreement and Release of Claims Related to the Construction of a Building Located at the Southeast Corner of Meramec and Bonhomme Avenues; Approving an Amended and Restated Development Agreement Related to the Crossing in Clayton Redevelopment Corporation Development Plan; and Authorizing Certain Actions in Connection Therewith for the first time by title only. The motion passed unanimously on a voice vote. Alderman Boulton moved that the Board give unanimous consent to consideration for adoption of Bill No. 6559 on the day of its introduction. Alderman Berger seconded. The motion passed unanimously on a voice vote. Alderman Boulton introduced Bill No. 6559, an ordinance to consider approval relating to the settlement of litigation for the 212 S. Meramec Avenue Development and to consider an amendment to the Redevelopment Agreement for 212 S. Meramec Avenue to be read for the first time by title only. Alderman Berger seconded. City Attorney O’Keefe reads Bill No. 6559, an Ordinance approving a Settlement Agreement and Release of Claims Related to the Construction of a Building Located at the Southeast Corner of Meramec and Bonhomme Avenues; Approving an Amended and Restated Development Agreement Related to the Crossing in Clayton Redevelopment Corporation Development Plan; and Authorizing Certain Actions in Connection Therewith for the second time by title only. Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye.
City Attorney O’Keefe reads Bill No. 6559, an Ordinance approving a Settlement Agreement and Release of Claims Related to the Construction of a Building Located at the Southeast Corner of Meramec and Bonhomme Avenues; Approving an Amended and Restated Development Agreement Related to the Crossing in Clayton Redevelopment Corporation Development Plan; and Authorizing Certain Actions in Connection Therewith for the second time by title only. Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6426 of the City of Clayton. DISCUSSION AND FOLLOW-UP ON THE BOARD OF ALDERMEN RETREAT
Alderman Lintz asked to what extent are the priorities that was discussed at the retreat; will the Board have an opportunity to discuss them further and what are the next steps?