November 12, 2019 — Meeting Minutes
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THE CITY OF CLAYTON
Board of Aldermen City Hall – 10 N. Bemiston Avenue November 12, 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: Joanne Boulton, Richard Lintz, Ira Berkowitz, Bridget McAndrew, and Susan Buse.
Mayor Harris Interim City Manager Watson City Attorney O’Keefe
Absent: Mark Winings
Motion made by Alderman Lintz to approve the October 22, 2019 minutes. Alderman Boulton seconded.
Motion to approve the minutes passed unanimously on a voice vote.
PUBLIC REQUESTS AND PETITIONS
None
AN ORDINANCE TO CONSIDER APPROVING THE CLOSING OF SALE OF 8049 FORSYTH BOULEVARD AND RELATED ANCILLARY DOCUMENTS
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. Nevertheless, 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.
Interim City Manager pointed out revisions on the agreements provided to the Board.
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Franz vonKaenel, Armstrong Teasdale, addressed the Board with concerns on the specific language in the Arts and Entertainment Agreement (page 2, Section 4.1). He requested to add the following: “The A&E venue may be temporarily closed for reasonable periods of time not to exceed six months in any consecutive three-year period, except with the City’s approval. Which approval shall not be unreasonably conditioned, delayed, or withheld as necessary for repurposing, renovations, repairs, condemnation, or events of Force Majeure” which will provide additional flexibility for the operation of the venue.
City Attorney O’Keefe noted that the provision does not allow to put the space for other use.
Alderman Buse suggested that if in fact there are a series of closures that hit a certain number within the 20-year period, the 20-year period could be extended which may benefit both the City and the developer.
Jim Koman, US Capital, addressed the Board stating that the intent is to never close the space, but if that happens, he urges the Board to amend the current language in order to provide opportunity to be more flexible in order to find a successful use for the venue.
Alderman Boulton stating that the current language states “four permitted closures...and any additional temporary closures…; as things change the current Board at that time can make decisions as reasonable.
Mayor Harris stated that a three-year window is an improvement to the current language.
Alderman McAndrew stated that this is a new concept for Clayton and feels that they need to flexible; a three-year time frame is a good compromise.
Alderman Lintz asked for clarification of the three-year concept; adding that he likes the draft of the language that staff has presented.
Alderman Berkowitz expressed concerns of what the space will end up looking like.
Interim City Manager Watson references the permitted uses.
Mr. Koman stated that he is withdrawing his request for an amendment.
City Attorney O’Keefe proposed the following: “In each case of permitted closure Forsyth shall be entitled to four permitted closures during the term and any additional temporary closures shall require a prior written approval from the City provided that permitted closures cannot occur more than once in any three-year period.”
Mr. vonKaenel and Mr. Koman both agreed to accept the proposed language.
Motion made by Alderman Boulton to amend Bill No. 6764 by the text of the Arts & Entertainment Venue Agreement and the Terrace Use Agreement distributed this evening with the additional interlineation of language previously recited in Section 4.1 of the Arts & Entertainment Venue Agreement. Alderman Lintz seconded.
The motion passed unanimously on a voice vote.
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Alderman Boulton introduced Bill No. 6764, an ordinance to approve the closing of sale of 8049 Forsyth Boulevard and related ancillary documents as amended to be read for the second time by title only. Alderman Lintz seconded.
City Attorney O’Keefe reads Bill No. 6764 as amended, second reading, an Ordinance Authorizing Closing Under a Purchase Agreement for the Sale of 8049 Forsyth Boulevard by title only.
The motion passed on a roll call vote: Alderman Boulton – Nay; Alderman Lintz – Aye; Alderman Berkowitz – Nay; Alderman McAndrew – Aye; Alderman Buse – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6627 of the City of Clayton.
AN ORDINANCE TO CONSIDER APPROVING ON-CALL CONTRACTS WITH ENGINEERING, ARCHITECTURE, AND SURVEYING CONSULTANTS
Interim City Manager Watson reported that City staff recently completed evaluation of qualifications for consulting firms for open-ended on-call contracts. This process last took place in 2016. Sixty (60) consultants were invited to submit proposals in any of the eight categories in the table below. These include Geotechnical Engineering and Materials Testing; Project Management; Public Facilities; Roadways, Alleys, Sidewalks, and ADA compliance; Stormwater Management and Low Impact Development; Streetscape, Lighting, and Landscape Architecture; Surveying, Mapping, & GIS; Traffic, Signals, and Intersections.
Matt Malick, Interim Director of Public Works, addressed the Board to answer questions.
In response to Aldermen Lintz’ question, Mr. Malick noted that the chart in the packet is incorrect and that he would provide the correct chart electronically.
Alderman Boulton introduced Bill No. 6766, an ordinance to approve On-Call Contracts with Engineering, Architecture, and Surveying Consultants to be read for the first time by title only. Alderman Lintz seconded.
City Attorney O’Keefe reads Bill No. 6766, first reading, an Ordinance Approving On-Call Contracts with Engineering, Architecture, and Surveying Consultants by title only.
The motion passed unanimously on a voice vote.
Motion made by Alderman Boulton that the Board give unanimous consent to consideration for adoption of Bill No. 6766 on the day of its introduction. Alderman Lintz seconded.
The motion passed unanimously on a voice vote.
Alderman Boulton introduced Bill No. 6766, an ordinance to approve On-Call Contracts with Engineering, Architecture, and Surveying Consultants to be read only for the second time by title only. Alderman Lintz seconded.
City Attorney O’Keefe reads Bill No. 6766, second reading, an Ordinance Approving On- Call Contracts with Engineering, Architecture, and Surveying Consultants by title only.
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The motion passed on a roll call vote: Alderman Boulton – Nay; Alderman Lintz – Aye; Alderman Berkowitz – Nay; Alderman McAndrew – Aye; Alderman Buse – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6628 of the City of Clayton.
MOTION TO CONSIDER APPROVING ALDERMANIC COMMITTEE ASSIGNMENT
Interim City Manager Watson reported that On September 24, 2019 the Mayor and Board of Aldermen approved an ordinance establishing the Community Equity Commission.
In order to be consistent with the Charter requirements all appointments/assignments to the Boards and Commissions requires approval by the Board of Aldermen.
Mayor Harris has proposed to appoint Alderman Joanne Boulton and Alderman Susan Bradley Buse as the aldermanic representatives to the Commission.
Motion made by Alderman Boulton to approve the appointments. Alderman Lintz seconded.
The motion passed unanimously on a voice vote.
A MOTION TO CONSIDER APPROVING THE YEAR 2020 BOARD OF ALDERMEN MEETING SCHEDULE
The 2020 Board of Aldermen meeting schedule is presented for approval prior to posting. The following calendar dates are scheduled: January 14, 2020
July 14, 2020 January 17, 2020 (SPS)
July 17, 2020 (SPS) January 28, 2020
July 28, 2020
February 11, 2020
August 11, 2020 February 21, 2020 (SPS)
August 21, 2020 (SPS) February 25, 2020
August 25, 2020
March 10, 2020
September 8, 2020 March 20, 2020 (SPS)
September 18, 2020 (SPS) March 24, 2020
September 22, 2020
April 14, 2020
October 13, 2020 April 17, 2020 (SPS)
October 16, 2020 (SPS)
April 28, 2020
October 27, 2020
May 12, 2020
November 10, 2020 May 15, 2020 (SPS)
November 20, 2020 (SPS)
May 26, 2020
November 24, 2020
June 9, 2020
December 8, 2020 June 19, 2020 (SPS)
December 18, 2020 (SPS) June 23, 2020
December 22, 2020
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Motion made by Alderman Boulton to approve the 2020 Board of Aldermen Meeting Schedule. Alderman Lintz seconded.
The motion passed unanimously on a voice vote.
APPEAL THE ARCHITECTURAL REVIEW BOARD’S DECISION APPROVING THE DESIGN OF A GARAGE AND MASTER SUITE ADDITION AT 7415 PARKDALE AVENUE
Interim City Manager Watson reported that this is a request for an appeal of the Architectural Review Board’s decision to approve the architectural plans for the construction of a two-story addition (garage and master suite) on a single-family residence, at 7415 Parkdale Avenue. On October 18, 2019, Philip Taylor and Nancy Taylor, who reside at 7419 Parkdale Avenue, filed an appeal with the City of Clayton regarding the Architectural Review Board’s decision to approve the project.
Nancy Tayler, appellant, 7419 Parkdale, addressed the Board, providing handouts and stating reasons for the aggrievement as listed in materials provided in the Board’s packet.
City Attorney O’Keefe explained the appeal process.
Eric and Stephanie Vallo, owners of 7415 Parkdale, addressed the Board expressing their desire to move forward as approved by the Architectural Review Board.
Chris Marshall and Sole Van Edmen, architect for 7415 Parkdale, addressed the Board providing a brief summary of the architectural aspects for the project and to answer questions.
Alderman Lintz provided a brief background on the Plan Commission process and approval.
Motion made by Alderman Buse that the Board adjourn to a closed meeting, with a closed vote and record, as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, and to discuss matters related to negotiation of a contract pursuant to Section 610.021(12), RSMo. and/or proprietary information pursuant to Sec. 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO. Alderman McAndrew seconded the motion. The motion passed on a roll call vote: Alderman Lintz – Aye; Alderman Boulton – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; and Mayor Harris – Aye. There being no further regular business the meeting adjourned at 8:50 p.m.
____________________________
Mayor
ATTEST:
____________________________ City Clerk