August 27, 2019 — Meeting Minutes

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THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue August 27, 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, Ira Berkowitz, Bridget McAndrew, and Susan Buse.

Mayor Harris Interim City Manager Watson City Attorney Karr

Motion made by Alderman Berkowitz to approve the August 13, 2019 minutes. Alderman McAndrew seconded.

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

PUBLIC REQUESTS AND PETITIONS

Stephen Arnold, property owner of 210 Brighton Way, addressed the Board with his concerns on what the City has become regarding handicapped parking at the corner of Meramec and Forsyth , issues that he has experienced with the parking control staff, and issues with contacting City Hall staff via phone.

A PUBLIC HEARING AND A RESOLUTION TO CONSIDER A CONDITIONAL USE PERMIT FOR A PACKAGE LIQUOR STORE LOCATED AT 7911 CLAYTON ROAD

Mayor Harris opened the Public Hearing and requested proof of publication.

Interim City Manager Watson reported that This is a request for a Conditional Use Permit for the operation of a package liquor store known as the Clayton Wine House. The business is proposed to be located at 7911 Clayton Road. The property has a zoning designation of Neighborhood Commercial (C-1). Package liquor stores require a conditional use permit in commercial zoning districts and are defined in the Land Use Code.

Sean Boles, owner, addressed the Board to answer questions from the Board and the audience.

David Aronson, 818 S. Meramec Avenue, addressed the Board with concerns about parking on S. Meramec Avenue in the neighborhood.

Alderman Winings commented that he is a resident of the neighborhood and he feels that the business is good and will enhance retail corridor along Clayton Road. He feels that “spill over” parking would create little impact to the neighborhood and that the retail is within the current zoning.

Chief Smith commented that the Parking Ambassadors would monitor the neighborhood parking restrictions (one-hour) during the daytime hours and that the police officers would provide extra monitoring after 5:00 p.m.

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Alderman McAndrew commented that Davis Place Trustees were notified, and responses have been positive. She added that she lives close to the Wine and Cheese Place on Forsyth were patrons are in and out and there has not been an issue.

Alderman Berkowitz noted that he has no problem with the retailer going into this location.

Mayor Harris closed the public hearing.

Motion made by Alderman Winings to approve Resolution No. 19-11, a Conditional Use Permit for the Clayton Wine House located at 7911 Clayton Road. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

A MOTION TO APPROVE A LIQUOR LICENSE FOR THE CLAYTON WINE HOUSE LOCATED AT 7911 CLAYTON ROAD

Interim City Manager reported that Clayton Wine House, LLC is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the package, except Sunday AND special permit for wine, malt beverage, and spirit tastings at 7911 Clayton Road.

In response to Alderman Berkowitz’ questions, Mr. Boles stated that they did speak with some of the surrounding businesses but did not petition the residents.

Susan Istenes, Director of Planning, stated that during the Conditional Use Permit process notices were sent to property owners within 200 feet of the proposed property as required.

Motion made by Alderman Winings to approve a liquor license for 7911 Clayton Road, the Clayton Wine House. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING THE SALE OF SPECIAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS – 1st Reading

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

Interim City Manager Watson reported that the City is issuing bonds for two items. The first purpose of the bonds is the cost of one-half of the renovations and expansion of The Center of Clayton. The other purpose is for the refunding of the 2009B outstanding bond issue where the City can experience approximately $720,000 in savings over the lifetime of the bonds. The total estimated amount of bonds to be issued is $12,975,000.

The portion of the bonds for The Center of Clayton will mature in 2031, and the refunded bonds will mature in FY 2029.

The City’s current bond rating for Special Obligation bonds has been AA+ (AAA when issuing general obligation bonds). City staff, financial advisor and bond counsel participated in a bond credit rating call on August 15, 2019 and the City received notice today that Standard and Poors has affirmed the City’s current rating.

Todd Goffoy, Financial Advisor, Piper Jaffray and Mark Grimm, Bond Counsel, Gilmore & Bell, addressed the Board to answer any questions.

Mayor Harris closed the public hearing.

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Alderman Winings introduced Bill No. 6750, an ordinance to authorize and direct the issuance, sale and delivery of the Special Obligation Refunding and Improvement Bonds, Series 2019 to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney Karr reads Bill No. 6750, first reading, an ordinance Approving and Authorizing Execution of a Purchase and Sale Agreement for 8049 Forsyth Boulevard by title only.

The motion passed unanimously on a voice vote.

Mayor Harris noted that the second reading will be on September 24, 2019.

AN ORDINANCE TO CONSIDER APPROVE SETTING THE TAX YEAR 2019 PROPERTY TAX LEVIES FOR FY2020 BUDGET – 1ST READING

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

Interim City Manager Watson reported that each year the City must approve property tax levies which are then submitted to St. Louis County for billing. Calendar year 2019 was a reassessment year and there were significant changes in assessed values. The City experienced significant new construction growth, which increases assessed values, related to the Barton development and a partial value of the Centene development, among other smaller projects. The City can receive additional revenue up to the Consumer Price Index (CPI) which was 1.9% for this year, and for the value of the new construction. Per the FY2020 proposed budget plan, we are submitting the maximum allowable rates for your review.

Mayor Harris closed the public hearing.

Alderman Winings introduced Bill No. 6751, an ordinance Setting the Property Tax Levies for Tax Year 2019 to be read for the first time by title only. Alderman McAndrew seconded.

City Attorney Karr reads Bill No. 6751, first reading, an ordinance Levying and Establishing the Rate of Annual Taxes for General Municipal Purposes; Police Building Debt Service; General Obligation Deb Service; and Special Business District Purposes to be Collected by the City of Clayton, Missouri, for the Year 2019, Including Resetting Certain Tax Rates to the Voter- Approved Tax Rate Ceiling and Articulating Reasons for Doing So by title only.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER APPROVING THE FY2020 OPERATING AND CAPITAL IMPROVEMENTS BUDGET – 1ST READING

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

Interim City Manager Watson reported that In July, the Board of Aldermen received the City Manager’s proposed Fiscal Year 2020 Operating and Capital Improvements Budget. As part of the budget process, the Board is required to hold a public hearing to seek public input prior to formal budget adoption.

Kayla Pacanowski, Interim Finance Director, addressed the Board providing a summary overview of the proposed budget.

Mayor Harris closed the public hearing.

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Alderman Winings introduced Bill No. 6752, to adopt the FY2020 Operating and Capital Improvement Budget issue to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney Karr reads Bill No. 6752, first reading, an ordinance Adopting an Annual Budget for Fiscal Year 2020 Commencing on October 1, 2019.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER AMENDING TITLE IV “LAND USE”, CHAPTER 405 (ZONING REGULATIONS) OF THE MUNICIPAL CODE OF THE CITY OF CLAYTON, MISSOURI, ARTICLE X “PLANNED UNIT DEVELOPMENT DISTRICT”

Interim City Manager Watson reported that this is the second reading of this item. Page 3 of the draft ordinance has modifications that were discussed at the last meeting, held on August 13, 2019. Section 405.1370. D. lists two alternatives to the language the amount and location of non-residential land uses in a mixed-use PUD, per the Board’s previous discussion on this topic, and therefore should the Board decide to approve the ordinance, one of the alternatives will have to be selected (as written or as modified by the Board).

Gary Carter, Economic Developer, addressed the Board providing examples of developments and mixed-use percentages and to answer questions.

Motion made by Alderman Winings to amend Section 405.1370 (D) of Bill No. 6734.2 to require that the first floor of a mixed use building be dedicated to commercial uses (which include retain, restaurant, entertainment venues and similar) and, further, to allow non-residential uses to be located on other floors of such building. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6734.2, an ordinance to approve an amendment to Title IV “Land Use”, Chapter 405 (Zoning Regulations) of the Municipal Code of the City of Clayton, Missouri, Article X “Planned Unit Development District” as amended to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney Karr reads Bill No. 6734.2, second reading, an Ordinance Amending Title IV “Land Use”, Chapter 405 (Zoning Regulations) of the Municipal Code of the City of Clayton, Missouri, Article X “Planned Unit Development District” and Other Actions Related Thereto by title only.

The motion passed on a roll call vote: Alderman Winings – 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. 6611 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING A PURCHASE AND SALE AGREEMENT FOR 8049 FORSYTH BOULEVARD

Interim City Manager Watson reported that this item was originally on July 23, 2019 agenda, and it was tabled to a different date. Staff is now re-presenting it. On April 24, 2015, staff issued a request for proposals related to the development of City-owned property located at 8049 Forsyth Boulevard, currently a surface parking lot. Staff received four responses by the August 3, 2015, deadline.

On December 20, 2017, the City entered into a purchase and development agreement with Flaherty & Collins. Flaherty & Collins proposed building a 22-story, 457,575 square foot mixed-use building containing 7,852 square feet of first floor retail, 228 rental residential units and 324 structured parking

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spaces. The purchase price was $1,100,000. The purchase and development agreement with Flaherty & Collins have expired and is no longer in effect.

Staff has since negotiated with another one of the original RFP respondents, 8027 Forsyth Acquisitions, LLC which is a related entity to US Capital, formerly known as Koman Development.

8027 Forsyth Acquisitions, LLC proposes to build a multi-story Class “A” office building that will have approximately 166,000 square feet of office space, have self-contained parking, and have ground floor retail space of approximately 13,000 square feet, which retail space shall include an arts and entertainment venue. The proposed purchase price is $2,625,000.

The proposed Purchase and Sale Agreement now presented to the Board for consideration does not circumvent any required rezoning and architectural review of the project. 8027 Forsyth Acquisitions, LLC will make an application for a Planned Unit Development district designation and will follow the normal site plan and architectural review process including any new requirements currently being discussed within the Plan Commission and Board of Aldermen.

Staff has negotiated the agreement and supports it approval.

Andrew Galakatos, 8025 Maryland Avenue, addressed the Board with concerns that there was no appraisal done and providing a “safety net” or “buy back” proposed in the agreement. He recommends that the Board vote no on the issue or table it until there is a full board to act on it.

Alderman Berkowitz agreed with Mr. Galakatos.

Alderman Winings introduced Bill No. 6744, an ordinance to approve a purchase and sale agreement with U.S. Capital for 8049 Forsyth Boulevard to be read for the second time by title only. Alderman McAndrew seconded.

City Attorney Karr reads Bill No. 6744, second reading, an Ordinance Approving and Authorizing Execution of a Purchase and Sale Agreement for 8049 Forsyth Boulevard by title only.

The motion passed on a roll call vote - Alderman Winings – Aye; Alderman Berkowitz – Nay; Alderman McAndrew – Aye; Alderman Buse – Aye; and Mayor Harris – Aye.

AN ORDINANCE TO CONSIDER APPROVING THE 3RD QUARTER AMENDMENT TO THE FY2019 BUDGET

Kayla Pacanowski, Interim Director of Finance provided the Board with a brief summary of the proposed amendments consisting of updated estimates for project costs and timing and personnel service costs related to vacancies.

Alderman Winings introduced Bill No. 6753, an ordinance to approve the FY2019 3rd Quarter Budget Amendment to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney Karr reads Bill No. 6753, first reading, an Ordinance Amending the Fiscal Year 2019 Budget and Appropriating Funds Pursuant Thereto 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. 6753 on the day of its introduction. Alderman Berkowitz seconded.

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The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6753, an ordinance to approve the FY2019 3rd Quarter Budget Amendment to be read for the second time by title only. Alderman Boulton seconded.

City Attorney Karr reads Bill No. 6753, second reading, an Ordinance Amending the Fiscal Year 2019 Budget and Appropriating Funds Pursuant Thereto by title only.

FISCAL YEAR 2019 THIRD QUARTER FINANCIAL REPORT

Kayla Pacanowski, Interim Director of Finance, provided the Board with a summary of the report.

AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TABLE III-F AND TABLE III-O OF THE PARKING REGULATIONS IN TITLE III OF THE CITY CODE

Interim City Manager Watson reported that the proposed ordinance amends Title III Traffic Code by removing the section of Bemiston Avenue between Mohawk Place and the east-west alley south of West Biltmore Drive from Table III-F and adding it to Table III-O. Specifically, the section impacted is on the west side between Mohawk Place south right of way and the east-west alley south of West Biltmore Drive.

The current restriction on this section of Bemiston Avenue is that parking is limited to one hour between the hours of 8:00 A.M. and 9:00 P.M. Monday through Friday, except by valid resident and visitor permit. The proposed change would retain the same restrictions but also extend the one-hour limit to Saturday’s so that the one-hour parking limit would be in force Monday through Saturday except with a valid resident or visitor permit.

Staff is proposing the changes to better balance the competing uses of residential and the adjoining business district.

Gary Carter, Economic Developer, addressed the Board to answer questions.

Alderman Winings introduced Bill No. 6754, to approve an amendment to Table III F and Table III O of the Parking Regulations related to South Bemiston Avenue to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney Karr reads Bill No. 6754, first reading, an Ordinance Amending Tables III-F and III- O of Schedule III of Title III of the Clayton City Code Relating to Residential Parking Restrictions 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. 6754 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6754, to approve an amendment to Table III F and Table III O of the Parking Regulations related to South Bemiston Avenue to be read for the second time by title only. Alderman Berkowitz seconded.

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AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO TABLE III G AND TABLE III P OF THE PARKING REGULATIONS IN TITLE III OF THE CITY CODE

Interim City Manager Watson reported that the ordinance amends Title III Traffic Code by amending Table III-G Parking Restrictions. Specifically, Table-G will be labeled Police Parking. The area designated will be S. Central Avenue adjacent to the Buzz Westfall Justice Center. The area will be used for law enforcement personnel accessing the Center. Table III P Two Hour Meter Zones will be amended to eliminate the proposed Law Enforcement Parking zone from table.

Alderman Winings introduced Bill No. 6755, approving an amendment to Table III G and Table III P of the Parking Regulations related to South Central Avenue to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney Karr reads Bill No. 67455, first reading, an Ordinance Amending Tables III and III P of Title III of the Clayton City Code Relating to Parking Regulations 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. 6755 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6755, approving an amendment to Table III G and Table III P of the Parking Regulations related to South Central Avenue to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney Karr reads Bill No. 67455, second reading, an Ordinance Amending Tables III and III P of Title III of the Clayton City Code Relating to Parking Regulations by title only.

Other

Mayor Harris reported on the following: • Met with Wesley Bell, St. Louis County Prosecuting Attorney and his team. • Attended a meeting regarding the St. Louis County Charter Commission. There being no further business the meeting adjourned at 8:40 p.m.

____________________________

Mayor

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ATTEST:

____________________________ City Clerk

Document

August 27, 2019 — Meeting Minutes