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July 27, 2021 — Meeting Minutes
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07-27-2021 BOA Minutes July 27, 2021 Page 1 of 7
THE CITY OF CLAYTON
Board of Aldermen Virtual Zoom Meeting July 27, 2021 7:00 p.m.
UMinutes
NOTE: In accord with the provisions of Section 610.015, RSMo., and multiple declarations of emergency at every level of government, and the prohibition on gatherings of 10 or more persons due to the Coronavirus pandemic, normal requirements for voting in the Board meeting were suspended. Accordingly, votes were taken as if all Board members were physically present and in attendance at the meeting.
Mayor Harris called the meeting to order and requested a roll call. The following individuals were in attendance:
Aldermen: Rich Lintz, Ira Berkowitz, and Becky Patel.
Mayor Harris City Manager Gipson City Attorney O’Keefe
Absent: Susan Buse and Bridget McAndrew
Motion made by Alderman Berkowitz to approve the July 13, 2021, minutes. Alderman Lintz seconded.
Motion to approve the minutes passed unanimously on a voice vote.
41TUPUBLIC REQUESTS AND PETITIONS
Kathleen Gund, resident, addressed the Board inquiring about the $35 million included in the Capital Improvement Plan designated for the Central Business District streetscape.
City Manager Gipson explained that this specific line-item is an unfunded project, which would complete the streetscapes in the downtown areas (areas not done by the City or development projects) in order to bring all of the areas up to conformance.
Matt Malick, Director of Public Works, agreed.
Josh Dubinsky, resident, addressed the Board with concerns regarding the ongoing speeding issues on Audubon Drive and discussions with staff on recommendations and solutions to protect the resident’s safety.
In response to Alderman Lintz’ question, Matt Malick, Director of Public Works, stated that a stop sign as a stand-alone device per the Federal Highway Association should not be used as a speed control.
Josh Dubinsky, resident, addressed the Board with concerns regarding the ongoing speeding issues on Audubon Drive and discussions with staff on recommendations and solutions to protect the resident’s safety. In response to Alderman Lintz’ question, Matt Malick, Director of Public Works, stated that a stop sign as a stand-alone device per the Federal Highway Association should not be used as a speed control.
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Deb Dubin, resident, addressed the Board stating that she is in support of a three-way stop sign at Audubon Drive.
P.J. McDaniel, resident, addressed the Board in support of a solution for the speeding on Audubon Drive to protect the safety of the residents in the neighborhood.
Naveen Chapa, 901 Audubon, addressed the Board reiterating the previous comments and commented there should be no further delay in placing a stop sign at the problem location; consider testing it for a period of time, and discuss a permanent solution.
City Manager Gipson stated that the issue will be included as a future (August 10 or 24) Board discussion session topic. Tod Fagan, Spire, Inc., presented the City of Clayton and Matt Malick, Director of Public Works, with the Silver Shovel Award. The Silver Shovel Award acknowledges safe digging practices and the prevention of pipeline damage during construction near Spire’s facilities. To be awarded a municipality must be located within Spire’s service territory, a member in good standing of Missouri One Call and have no at-fault damages to Spire’s facilities in 2020. A PUBLIC HEARING AND AN ORDINANCE - DOWNTOWN DEVELOPMENT OVERLAY DISTRICT STANDARDS PROJECT SUMMARY IN PREPARATION FOR FUTURE CONSIDERATION OF AMENDMENTS TO CHAPTER 410, OVERLAY AND URBAN DESIGN ZONING DISTRICTS, ARTICLES III AND IV
Mayor Harris opened the public hearing and requested proof of publication.
City Manager Gipson reported that H3 Design Studios has been under contract with the City of Clayton to assist the City with updating two existing Downtown Overlay Zoning districts. The Central Business District/Downtown Core Overlay District evaluation and study was conducted over a period of approximately 18 months, culminating in April 2021.
The study began with the consultant identifying the project area and conducting an on-site survey of existing conditions in the project area. Once this data was collected, analyzed, and graphically depicted, interactive work sessions were conducted with the Board of Aldermen, Clayton Plan Commission, the Planning Department, and a Steering Committee comprised of key developers, property owners, residents, and business owners within the immediate study area. The purpose of the work sessions was to gather feedback to establish the vision, principles, and parameters for proposed new design guidelines and development standards for the study area.
On June 21, 2021, H3 gave an informational overview of the study process to the Plan Commission, from start to finish, as a process refresher. The presentation included a summary of the public process, key decision points and the resulting draft written development standards and design guidelines which will be considered for adoption in accordance with the schedule noted below. As a primer to the upcoming public hearings the same presentation is being given to the Board of Aldermen at this July 27, 2021, meeting.
Tim Breihan, H3, addressed the Board providing a PowerPoint© presentation noting that he will be showing an updated presentation (available upon request in the City Clerk’s office) other than what was presented in the Board’s packet.
As a primer to the upcoming public hearings the same presentation is being given to the Board of Aldermen at this July 27, 2021, meeting. Tim Breihan, H3, addressed the Board providing a PowerPoint© presentation noting that he will be showing an updated presentation (available upon request in the City Clerk’s office) other than what was presented in the Board’s packet.
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At Mayor Harris’ request Mr. Breihan went through the combined districts that are included on the presentation.
In response to Alderman Lintz’ question, Mr. Breihan confirmed that the entertainment district would not change.
In response to Alderman Berkowitz’ question, Mr. Breihan explained the 25-story height limit.
In response to Alderman Patel’s question regarding the setback requirements as related to Forsyth Pointe, Mr. Breihan stated the one area where Forsyth Pointe would not be compliant will be in terms of the setback along Forsyth Boulevard. He noted that he is not completely familiar with how the project was designed in terms of the ground floor uses, but as he recalls there were some non-commercial and non-retail ground floor uses in that project and in that aspect that part of the project would be noncompliant. He felt that there are some specific considerations related to the façade articulation in the proposed draft overlay that Forsyth Pointe would not fully comply with.
Alderman Patel inquired as to the floor height, particularly the upper floors with a minimum (9’) and a maximum (12’) which may not allow for a restaurant or event space on the top floor of the building, but if it were higher therefore it would require a Planned Unit Development. She referenced examples such as Armstrong Teasdale or St. Louis Club that have top floors that are impressive, therefore they would not qualify under the proposed guidelines.
Mr. Breihan stated that those are good points and provided a couple of solutions in order to permit it; (1) they include an exception notating a condition on the building design or its intended use; (2) They could specify how things (i.e. mezzanines) are treated as they relate to an overall floor count. He said that as sometimes seen in form-based codes where you permit a double height space for a certain percentage of the floor area. Any floor can for example designate a percentage (30% or 50%) of the floor, whatever makes sense in terms of the overall prevailing size of the building and can be specified or treated as a mezzanine condition, or a double-height condition, and that effectively counts as two stories, but is one story. He felt that was a good point brought up regarding committing those upper floors to an entertainment venue or dining spaces and ensuring that you have a good physical condition to support it.
Terri Kerley, resident, addressed the Board with concerns of the 40’ step back for North and South Central which than progressively increases on N. Forsyth and Bemiston.
On behalf of Hank Winkleman, City Manager Gipson shared that Mr. Winkleman is advocating for a six-foot setback rather than a build-to line for the buildings for two reasons. First, the balconies and other projections at that point will encroach upon the right-of-way; and secondly, the six-foot setback will allow adequate outdoor dining space and a walkway with a more comfortable experience for pedestrians. Mr. Winkleman also had concerns regarding the corners and the public spaces (similar to what you see at Herbies) and how those would be allowed in this plan and the set-back, and articulation in those corners. Mr. Winkleman suggests requiring a certain area or a certain square footage of open space that could be utilized at either corners or across frontage of the building.
In response to Alderman Lintz’ question, Mr. Breihan explained the design as it relates to possibly increasing the sidewalk space.