December 10, 2019 — Meeting Minutes

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THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue December 10, 2019 7:08 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 November 12, 2019 minutes. Alderman Boulton seconded.

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

PUBLIC REQUESTS AND PETITIONS

Interim City Manager Watson announced that the City received the International City Manager’s Association (ICMA) Certificate of Excellence Award in Performance Management.

Mayor Harris presented Interim City Manager Watson with the Government Finance Officers Association (GFOA), Continuing Professional Education (CPE) Certificate.

Mayor Harris extended congratulations to Captain Stewart Glenn for his 30 years of service to Clayton.

APPEAL FINDINGS/DECISION - 7415 PARKDALE AVENUE

City Attorney O’Keefe provided a report of the findings on the Appeal of the decision of the Architectural Review Board (ARB) for 7415 Parkdale Avenue. (available in the City Clerk’s office)

Motion made by Alderman Winings to dismiss the appeal. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

In response to a comment from the audience, Mayor Harris noted that a copy of the findings will be sent to both the appellant and the aggrieved party.

City Attorney O’Keefe added that he did not read the extensive analysis of the complaints filed with the appeal and the finding that none of them had merit.

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A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING A SUBDIVISION PLAT TO DEDICATE RIGHT-OF-WAY TO THE CITY ALONG THE ALLEY THAT IS BETWEEN MERAMEC AVENUE AND CENTRAL AVENUE, WEST OF THE EXISTING BUILDING, AND TO GRANT AN EASEMENT ALONG SOUTH CENTRAL AVENUE FOR A SIDEWALK EXPANSION

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

Interim City Manager Watson reported that this is a public hearing and subsequent ordinance to consider approving a major subdivision plat. The subject property is 15,183 square feet and is located on South Central Avenue between Bonhomme Avenue and Shaw Park Drive. In June of 2015, the City released a Request for Proposal (RFP) for development of this site. On February 20, 2018, the Plan Commission and Architectural Review Board reviewed a conceptual review application for a proposed mixed-use development that included a hotel. A year later, this property was rezoned to a Planned Unit Development, which lists a hotel as a permitted use.

Mayor Harris closed the public hearing.

Alderman Winings introduced Bill No. 6767, an ordinance to approve a subdivision plat and right-of-way dedication for 227 S. Central Avenue to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6767, first reading, an Ordinance Providing for the Approval of a Plat to Dedicate 4 feet of Right-Of-Way to the City and Grant a 6.19 Foot Easement on Certain Property Located in the City of Clayton by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Winings that the Board give unanimous consent to consideration for adoption of Bill No. 6767 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6767, an ordinance to approve a subdivision plat and right-of-way dedication for 227 S. Central Avenue to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6767, second reading, an Ordinance Providing for the Approval of a Plat to Dedicate 4 feet of Right-Of-Way to the City and Grant a 6.19 Foot Easement on Certain Property Located in the City of Clayton, by title only.

The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6629 of the City of Clayton.

AN ORDINANCE TO CONSIDER REPEALING CODE SECTION 350.080 - PARKING VEHICLE FOR SALE PROHIBITION

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Interim City Manager Watson reported that this code section provides that it is currently unlawful for any person to park a vehicle displayed for sale on a city street. This provision in our code was brought to staff’s attention recently and we no longer believe it is a necessary part of the city’s regulatory program and recommend its repeal.

Alderman Winings introduced Bill No. 6768, an ordinance to repeal Code Section 350.080, Parking Vehicle for Sale Prohibition to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6768, first reading, an Ordinance Repealing Section 350.080 of the Municipal Code in its entirety by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Winings that the Board give unanimous consent to consideration for adoption of Bill No. 6768 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6768, an ordinance to repeal Code Section 350.080, Parking Vehicle for Sale Prohibition to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6768, second reading, an Ordinance Repealing Section 350.080 of the Municipal Code in its entirety by title only.

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

Interim City Manager Watson reported that this item was included on the October 22, 2019 agenda and was tabled until a future date. Since the October meeting staff has requested that the potential developer meet with area residents and businesses to provide information about the project and listen to their input. The developer reports that some meetings have taken place and continue to take place. The developer will be able to provide an update on these discussions during tonight’s meeting. In addition, staff created a list of informational items to address the most frequent questions we have been made aware of. The list is attached to this memo. This list was distributed to subscribers of the City’s weekly e-newsletter on November 15, November 29, and December 6, 2019. It was posted to the City’s website on November 18, 2019 and on Nextdoor on November 26, 2019. Staff also mailed the frequently asked topic list to the residents of the Moorlands, Wydown Forest, and Polo neighborhoods during the week of November 25, 2019. The list included almost 1,600 addresses.

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

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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. Savoy Properties is willing to commit to finding 27 parking spaces in the area during construction so as not to disrupt public parking. The agreement has been modified to include this commitment.

John Pennington, Savoy Properties, addressed the Board providing a summary on the project and the communications with businesses, residents, and their collaboration with the City and community.

Tyler Stephens, Core10 Architect, addressed the Board providing a PowerPoint® presentation on the project.

Zoe Robinson, resident, business owner, addressed the Board reading a statement. (available in the City Clerk’s office)

William Budde, 622 S. Hanley, addressed the Board with concerns that he has not been contacted by the developer; a market is not needed; parking issues, and the size of the project.

Kevin Glasier, Glance Creative, addressed the Board commenting that change will happen; it’s a good project; and it would be a better use of the parking lot. He referenced current construction underway and the developer is doing a good job during the construction; he is excited to see new projects.

Noel Martin, resident since 1980, addressed the Board expressing opposition to the project; supports an updated Master Plan; and produced a petition to the Board. (available in the City Clerk’s office)

Helane Isaacs, 8046 Daytona Drive, addressed the Board with concerns that the sale price for the parking lot is too lot; and expressed opposition to the project.

David Berland, 609 W. Polo, addressed the Board expressing that he is opposed to the project.

Steven Kudman, Preston Salon, addressed the Board expressing opposition to the project.

Lori Ramsey, President, Moorlands Condo Association, addressed the Board with concerns with parking issues and traffic safety during and after construction.

Jeff Leonard, 8038 Davis Drive, addressed the Board requesting to find the “right” way to develop the parking lot; he is pro-development and that the Board needs to find a solution without decimating the businesses.

Fred Powers, 7401 Clayton Road, addressed the Board providing a brief history of how Wydown began; stated that the project is too large for the residential neighborhood; suggested creating a small public gathering space.

Susan Weber, Polo Drive, addressed the Board with opposition to the project; project is out of scale with neighborhood; and is aesthetically unpleasing.

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Carol Neffle, owner of four buildings in the Moorlands, addressed the Board with concerns that the neighborhood is already unrecognizable; she referenced the construction of the development at Hanley and Clayton Roads; feels that the parking lot is under-valued; traffic will create car pollution; community already has five markets.

Charlie Voellinger, 606 E. Polo, addressed the Board with opposition to the project; feels the process is “backward”; the Board should spend time on data; and concentrate on the Master Plan first.

Betsy Wack addressed the Board expressing the need to work on the Master Plan first and involve the citizens.

Patricia Martin, President, 800 S. Hanley, addressed the Board representing the 39 residents in her building as to opposition of the project.

Barbara Deem, addressed the Board expressing her opposition to the project.

Steve Lichtenfeld, resident, former alderman, Chairman of the Plan Commission, addressed the Board expressing the importance of the City’s process and encouraged everyone to be mindful and allow the Board to proceed with the process in place.

Sam Chimento, owner of two four-family buildings related to the development, addressed the Board providing a brief history of the due process of the development on Clayton Road and DeMun Avenue.

Alderman Winings commented regarding hearing several speakers tonight acknowledging their opposition. He said that this is not our (City’s) typical process and that this has been an unusual process; explaining the typical steps (discussing the merits of a proposal, looking at curb cuts, the height of a building, colors, etc). The agenda tonight is to discuss whether to sign a contract that would be subject to getting all those approvals later. This is a different situation because the city owns a portion of the subject property – an opportunity for them to come to us before they have a contract and for us to get a preview of the developer’s vision. The community has looked at it, the Board of Aldermen has looked at it and what we’ve seen is that this project has not being embraced by the community. A lot of significant concerns have been raised, some concerns I share, some I don’t, but clearly there’s a lot of work ahead for this project. He noted that he is not in a position tonight to vote in favor of a contract given the challenges that are ahead for this proposal.

Alderman Boulton commented that she agrees with Alderman Winings. She noted that since being on the Board one of the things that happens is that the Board gets your public opinion on situations like this. In referencing DeMun Point she said that that process was even more painful than now, but what came out of it was really pretty good. She said that voicing your opinions is a great thing and the Board wants to hear what you have to say so that we can make it work for the neighborhood. She is sensitive to the public’s concerns because Ward 1 has some areas that are not dissimilar to yours – DeMun/Hi Point. She noted that they have received lots of conversation (letters, emails, etc.) and although they may not have responded to all of them, they have read all of them. In reference the City’s General Fund she explained that after eight years of austere years the City let go of well-paid senior staff as well as general staff. She stressed that they are constantly worried about this so when a development comes along, they must pay attention, they are not doing their job if they don’t pay attention. She asked that they

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try to understand that they are trying to do the best for everyone, but at the same time they must pay the bills and they are looking at a potential deficit of $2 million in three years. She encouraged the audience to come to the City’s budget meetings as well.

Alderman Lintz stated that this has been an interesting project and that there are a lot of good things that can come out of this project. He likes the colonnade idea, walkways, and gourmet market. He said that obviously it doesn’t quite fit the picture of the neighborhood. He feels that one of the things that was missed when starting the RFP process was perhaps finding out what would work there to make everybody happy. We have a very old master plan, this is the second round of the RFP because the first proposal we sent back because we didn’t like it; this is the second and we’ve sent them back a couple of times because we didn’t like it. The City is not just throwing anything out there, but nonetheless we obviously didn’t hit the mark. He expressed that at this point he is not ready to pursue, but instead would like to go through and complete the process.

Alderman Berkowitz stated that his opinion has not been keep a secret during this time period and his feelings about the Wydown District are very strong. He stated much appreciation for everyone who showed up tonight to show how much that care about the neighborhood, whether it’s the old-world European charm, or if it’s Zoe’s restaurant, or enjoying the walkability. Change is difficult when you enjoy what you already have otherwise you don’t care if things change. What he hears you saying is that you like what you have, but could stand something different, but would like it studies, and to also be a part of the decision. He stressed that although you are here tonight it is important that they maintain their involvement and be a part of the process because in a year from now they could end up with a plan that says this is the answer. He added that the City does have a responsibility to pursue development; he provided a brief history of important budget information. It’s important that everyone understand that when pursuing these things, we are trying to represent the City’s best interests. In this case we all got the message, we learned from each other and hopefully a good plan comes out of it.

Alderman McAndrew stated not being repetitive everyone has said some insightful and important things. She thanked everyone and expressed appreciation for the public sending emails, telephone calls, coming to the meetings, and their opinions – the Board does listen. Clayton gets developers coming to the City, it is a great place to live and we are lucky to draw them, i.e. John Pennington, Tyler Stephens, who want to build in Clayton. She is concerned about the project and does feel that they are not at the right place now to go forward with the contract.

Alderman Buse stated that she has the advantage of saying “ditto.” It is not her first time with a packed room at a Board meeting and it is critical – we are your neighbors, we do care, we go to your restaurants, businesses, walk your sidewalks, and attend the schools. Everyone does listen, we do care, and Mayor Harris has done a good job managing. She’s excited about going into a much better plan that recognizes both the neighborhoods and all working together as a City. This process created a lot of emails, telephone calls, including analyzing information and the work done by the developers and architects has pushed the thinking and that is good. The input heard throughout this process has brought out what the values are for that neighborhood and what those visions can be in order to move forward and that is helpful. She agrees that they are not ready to go forward on this and thinks it is going to make whatever is done stronger and she encouraged the citizens to continue providing their input.

Mayor Harris stated it’s been important to all of us but especially to me as a new mayor to have the support of all of you and many others who are not here tonight who have expressed their

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views to me. They did their research, they made comparisons and spent time trying to help us get to the right place, which is invaluable, and we appreciate it all. The city has invested a lot of time and energy into this effort and our staff, Gary Carter has worked tirelessly with the developer and with the Board trying to work out any and all options there might be. The hard work and time invested by the developer and his associates where they worked hard when we asked them to try to communicate with the neighborhoods and the community, even on a one- on-one basis. The whole community has come together around this and that is a important piece that we have in Clayton that needs to continue. The Aldermen are right that it is our job to continue to look at growth opportunities for the City, because cities that don’t grow, die. Although, we are Clayton, rich by many standards, we still have expenses that continue to go up and revenues that remain flat with the exception of new growth, new building, and new revenue streams. It is our fiduciary responsibility to always thoroughly evaluate those things and sometime even if the project is not perfect, by going thru the process as described by Mr. Lichtenfeld we might get to perfect, or almost perfect – that’s why we have that process in place which gives us plenty of time throughout months to get that input and try to reshape, remold something that will fit a particular area and is compatible.

She explained that she lived through the recession on this Board as an alderman and for about nine years with zero development and the “lines” crossed resulting in a loss of staff due to cost cutting, but luckily the economy turned around and the City recouped and are now in a stable position, but then we used about $10 million of the reserves for 4-5 years. We as a Board take that seriously and try to do a thorough job, because if we don’t it is not doing a good service to you, the taxpayers.

With me as a new mayor, going into a new decade, getting a new city manager, with several newer Board members, it can be a time of doing things differently which I think all my colleagues will agree. It is time to step back on this to take another look at this corner and the character that is there, and the charm that is there and see if there isn’t something that moves us forward as a City and yet preserves the things we like about that corner. Please stay tuned and pay attention, please continue to be involved.

Motion made by Alderman Winings that Bill No. 6769, consideration of the Sales Agreement for 602 S. Hanley Road be withdrawn. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

MOTION TO CONSIDER APPROVING APPOINTMENTS TO THE BOARDS AND COMMISSIONS

Interim City Manager Watson reported that the following individuals have expressed interest in being appointed to or continuing to serve as a member of the following Boards or Commissions of the City. Mayor Harris has reviewed and agrees with the recommendations for appointment to the respective Board or Commission and, therefore, submits the following nominations for the Board’s consideration.

Board of Adjustment Anne Bishop Ward 2 (Appointment for a 5-year term through June 30, 2024)-moving from alternate to member-replacing Ward 1 opening

Community Equity Commission Laura Horowitz Ward 1 (Appointment through June 30, 2022)

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Frances Pires Ward 1 (Appointment through June 30, 2021)

Ben Uchitelle Ward 2 (Appointment through June 30, 2021) Christine Schmiz Ward 2 (Appointment through June 30, 2022)

Stuart Berkowitz Ward 3 (Appointment through June 30, 2020) Yvonne Tisdale Ward 3 (Appointment through June 30, 2022) Adam Sheble Ward 3 (Appointment through June 30, 2020)

Motion made by Alderman Winings to approve the appointments. Alderman Boulton seconded.

The motion passed on 6 – Ayes; Alderman Berkowitz abstained.

Other

Alderman Winings reported that the Parks and Recreation Commission met last week; a presentation was provided on the potential uses of the recreation center.

Alderman Boulton reported that they received quite a few applications for the Community Equity Commission and lots of good applicants; hard selection decisions; very thankful for the citizen’s interests.

Alderman Lintz reported that the Plan Commission/ARB met last week and discussed the following: • Clarendale project advertisement signage is 5’ x 100’ • Conceptuals were presented for (1) Residence Inn; and (2) 7 N. Bemiston

Alderman Berkowitz reported on the Parks and Recreation Commission.

Alderman Buse reported that she attended the City/School Breakfast meeting last week. Thankful for the citizen’s interests in the Community Equity Commission.

Mayor Harris reported that the Clayton Chamber of Commerce Leadership Clayton class was held last week at City Hall.

There being no further business the meeting adjourned at 9:09 p.m.

____________________________

Mayor

ATTEST:

____________________________ City Clerk

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December 10, 2019 — Meeting Minutes