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minutes · City meeting records

August 13, 2019 — Meeting Minutes

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THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue August 13, 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, Rich Lintz, Joanne Boulton, Ira Berkowitz, and Bridget McAndrew.

Mayor Harris Interim City Manager Watson City Attorney O’Keefe

Motion made by Alderman Lintz to approve the July 23, 2019 minutes. Alderman Boulton seconded.

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

MOTION – CERTIFICATION OF AUGUST 6, 2019 MUNICIPAL ELECTION

Interim City Manager Watson reported that on August 6, 2019, a municipal election was held to fill the Ward II vacancy of Alderman. The Ward II Alderman will serve the remainder of the unexpired term, which ends April 2020.

The results of the municipal election per the Board of Election Commissioners of St. Louis County are as follows:

Ward II – Susan Bradley Buse, 74 votes, 90.24% of votes cast for the position

Recommendation is to certify the canvassed results of the August 6, 2019 municipal election, declaring Susan Bradley Buse as Ward II Alderman to serve an unexpired term ending April 2020.

Motion made by Alderman Berkowitz to accept St. Louis County Board of Election Commission’s certification of the August 6, 2019 Municipal Election results. Alderman Winings seconded.

City Clerk Frazier swore in Susan Bradley Buse, Ward 2 Alderman.

7:09 p.m. Alderman Buse took her place with the Board at the dias.

PUBLIC REQUESTS AND PETITIONS

None

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A PUBLIC HEARING (FOR DISCUSSION ONLY) – 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”

Mayor Harris noted that the Public Hearing remains opens.

Interim City Manager Watson reported that this item was continued from the July 23, 2019 Board of Aldermen meeting until all the Board members could be present for the Public Hearing.

This a public hearing to solicit input regarding a staff-initiated amendment to Chapter 405 (Zoning Regulations) Article X. Planned Unit Development District. Staff and the City Attorney’s office have identified areas of the regulations that are unclear, contradictory to other code required processes and in general, need updating.

Commencing on May 6, 2019, the City of Clayton Plan Commission has held six public hearings on these items and on July 15, 2019 recommended unanimous approval of the attached ordinance. The Board of Aldermen have, commencing on May 28, have held five public hearings on this item.

Alderman Boulton expressed concern regarding Section 405.1370 - Mixed Use requirements and that the absence of the percentages (i.e. 80%) could lead to non-mixed uses.

Susan Istenes, Planning Director, confirmed that the Plan Commission recommended removing the percentages; but stressed that there is no change in the requirement to have retail and other non- residential uses located on the ground floor.

Alderman Berkowitz commented that we could find mixed-use(s) in several different ways, (i.e. rooftop restaurant).

Alderman Lintz added that the rationale of the percentages depends on the size of the building(s); there are many retail establishments that only need a small space. Therefore, the intent is to get traffic on the street. His opinion is that forcing a larger percentage that must be distributed among the building seems to be taking the intent further than originally had.

Motion made by Alderman Boulton to amend Section 405.1370, D – “…allows for mixed use development. The no use exceeds 90% of the gross floor area of the primary structure...” Alderman Berkowitz seconded.

Alderman Winings expressed concern that placing a percentage on the requirements will “tie their hands’ he will be voting against the amendment.

Alderman Boulton withdrew the motion.

Mayor Harris closed the public hearing.

Motion made by Alderman Winings to table Bill No. 6734.1, 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” until a future meeting. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

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

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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 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.

Scott Haley, 8027 Forsyth Acquisitions, LLC addressed the Board introducing Jim Koman, 8027 Forsyth Acquisitions, Chuck Kem, Chief Financial Officer at Commerce Bank, Kyle Chapman, Barry- Wehmiller Real Estate Group, and Dan O’Connor, head of construction.

Mr. Haley provided a brief background of the project.

Mr. Koman provided a PowerPoint presentation to the Board.

Mr. Kem addressed the Board providing a summary of Commerce Bank’s support for the project.

Mr. Chapman addressed the Board providing a summary of the expansion needs for Barry-Wehmiller and its support of the project and to the City of Clayton.

Alex Berger, 8025 Venetian, former Ward 3 alderman, addressed the Board in support of the project referencing the Downtown Master Plan, economic sustainability, and retention of corporate businesses.

Alderman Berkowitz expressed his questions and concerns regarding: (1) if the building is fully leased; (2) if the garden terrace is open to the public (at all times); (3) the 20 year limitation on the arts and entertainment portion of the project is not long enough; (4) feels that the selling price of $2.6 million has been substantially discounted compared to the lot being valued at $12 million; (5) he would like an appraisal done; and (6) do another RFP.

Alderman Boulton expressed her questions and concerns regarding: (1) the RFP (2016) as it relates to Flaherty & Collins, the previous developer, and the plan, at that time, to work on a joint parking arrangement; (2) they did not work together with Flaherty & Collins to come to a solution; (3) feels that the City placed on hold the former developer due to wanting the parking to be more efficient; (4) very little retail proposed for the project; and (4) feels that there was trust lost and there has been no transparency.

Alderman McAndrew expressed the interests of Commerce Bank’s involvement and how she would like to see a shared garage and if there is a future opportunity to convert into a different use with the possibility of less cars.

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Alderman Lintz asked that the architect share ideas to address the concerns on the garage. Mr. Haley stated that there have been some conceptual changes to reduce the appearance of the garage, and emphasize architectural components at that corner.

Alderman Winings stated that this has been discussed for some time and they have heard additional information since the last meeting and feels this is a good project.

Alderman Boulton stated that there was an RFP, received several projects, chose a project, but unfortunately lost it. She feels that doing another RFP would be the most transparent and the best way to handle the City’s money. If she voted in favor of the project, she would not be doing what’s best for the public trust and that would be problematic.

Gary Carter, Economic Development, provided examples of market values for a couple of commercial properties.

Alderman Berkowitz expressed again his concerns for the market value of the proposed property and how the project relates to the Downtown Master Plan.

Alderman Lintz also commented in referencing the Master Plan noting that there is a process in place and unless we (the City and the Board) are pleased with the building there will not be a PUD.

Alderman Buse commented that all these issues are why we have processes. She appreciates them pushing their vision forward and adjusting to the circumstances of the City where it is today and hopes that it continues. She stressed the importance of community investment and community stewardship being part of the process and that this Board looks for that as it continues to develop. It is exciting to develop that corner, and this is an opportunity that has been through a lot of the stages already and hopes that the work can go forward.

Alderman McAndrew commented that there are several different things why this is a good project. Four years ago, the developer was going to pay $1.1 million and for an apartment development, now it is for significantly more. We have some incredible corporate partners that will inhabit this building, partners that are already headquartered in Clayton. Things are happening in the Cortex in the City of St. Louis, but we also must look out for Clayton. We want to keep Barry-Wehmiller in Clayton and am persuaded by what we’ve heard, and I hope Commerce Bank ends up expanding. It is important to keep people here in Clayton. Although, we are not running at a deficit, the City is not keeping up with the revenues. This project will bring in nearly $300,000 a year versus now at $22,000 a year and our expenses continue to go up. She is comfortable with the contract as Alderman Lintz said, “in a sense that there won’t be a PUD unless we are happy with the building”. She noted that she will be voting in favor of the project.

Alderman Berkowitz commented that this is a bad idea and a bad process, an RFP has not been done since 2015. This is the last piece of surface property in the downtown area that the City will have any control over. He stated that the property is going to be sold for $9.5 million less than its value. There’s no need to give an incentive for this corner. Five years ago, Chapman Plaza was not in Shaw Park and wasn’t the beautiful corner that it is now, and he would like for the City to go out for another RFP.

Alderman Boulton added that she is feeling a lot of pressure because of the players – Barry-Wehmiller and Commerce and feels that the City has not done its due diligence and objects to the process not being done transparently.

Alderman Winings commented that there was an RFP done four years ago, no one came close to a $12 million valuation, at that time the one developer backed out. He stressed his objection to the characterization that this has not been transparent.

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Mayor Harris commented that she values the long-standing corporate participation in the Clayton and appreciates all the concerns brought tonight. Over the years the City has brought a lot of residential space added a lot of residential space to our downtown putting a dent in the Master Plan. We are also doing lots of efforts to increase vibrancy in to encourage young people to move into our downtown and stay. She believes this is a good strong development and will be endorsing its passage.

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 first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6744, first 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 Boulton – Nay; Alderman Lintz – Aye; Alderman Berkowitz – Nay; Alderman McAndrew – Aye; Alderman Buse – Aye; and Mayor Harris – Aye.

A RESOLUTION TO CONSIDER AUTHORIZING THE OFFERING FOR SALE OF SPECIAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS

Interim City Manager Watson reported that the City will be 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 the refunding, similar to refinancing, of an outstanding bond issue where the City can experience savings over the lifetime of the bonds. The total estimated amount of bonds to be issued is $12,975,000.

Motion made by Alderman Winings to approve Resolution No. 19-10, authorizing the sale of the Special Obligation Refunding and Improvements Bonds and authorize the execution of a Redemption Notice in Connection. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER APPROVING GILMORE & BELL AS BOND COUNSEL FOR THE 2019 SPECIAL OBLIGATION BOND ISSUE

Interim City Manager Watson reported that Gilmore & Bell has provided excellent bond counsel services to the City of Clayton related to the issuance of bonds for the past several years. A proposal for services was received from Mark Grimm, Gilmore & Bell, to serve as bond counsel in connection with the issuance of special obligation bonds to refund (refinance) an outstanding bond issue and to fund renovations and expansion of The Center of Clayton. The amount of bonds to be issued is approximately $12,975,000. The bonds will be competitively bid.

Todd Goffoy, Financial Advisor, Piper Jaffray, addressed the Board to answer questions.

Alderman Winings introduced Bill No. 6745, an ordinance to approve Gilmore & Bell as bond counsel for the 2019 Special Obligation Bond issue to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6745, first reading, an Ordinance Designating Gilmore & Bell as Bond Counsel for the City of Clayton, Missouri, for the 2019 Special Obligation Bond Issues and Establishing Terms and Conditions for Such Services by title only.

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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. 6745 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6745, an ordinance to approve Gilmore & Bell as bond counsel for the 2019 Special Obligation Bond issue to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6745, second reading, an Ordinance Designating Gilmore & Bell as Bond Counsel for the City of Clayton, Missouri, for the 2019 Special Obligation Bond Issues and Establishing Terms and Conditions for Such Services 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. 6606 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING PIPER JAFFRAY AS FINANCIAL ADVISOR FOR THE 2019 SPECIAL OBLIGATION REFUNDING AND IMPROVEMENT BOND ISSUE

Interim City Manager Watson reported that in 2018, a committee of Clayton employees evaluated proposals from several firms offering financial advisor services to the City. The City has been very impressed with the professional expertise, market insight and excellent service received from Piper Jaffray in the past and is sensitive to the fact that Piper Jaffray is already very familiar with the City, its personnel and circumstances and is thereby in an advantageous position to respond rapidly to the City’s needs and interests. With approval from the City Manager, the committee selected Piper Jaffray with the intention of evaluating the selection again in another 3 to 5 years.

Todd Goffoy, Piper Jaffray, addressed the Board to answer questions.

Alderman Winings introduced Bill No. 6746, an ordinance to approve Piper Jaffray as financial advisor for the 2019 Special Obligation Refunding and Improvement Bond issue to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6746, first reading, an Ordinance Designating Piper Jaffray as Financial Advisor for the City of Clayton, Missouri, for a Possible 2019 Special Obligation Refunding and Improvement Bond Issue and Establishing Terms and Conditions for Such Services 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. 6746 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6746, an ordinance to approve Piper Jaffray as financial advisor for the 2019 Special Obligation Refunding and Improvement Bond issue to be read for the second time by title only. Alderman Boulton seconded.

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City Attorney O’Keefe reads Bill No. 6746, second reading, an Ordinance Designating Piper Jaffray as Financial Advisor for the City of Clayton, Missouri, for a Possible 2019 Special Obligation Refunding and Improvement Bond Issue and Establishing Terms and Conditions for Such Services 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. 6607 of the City of Clayton.

AN ORDINANCE TO CONSIDER AMENDING CHAPTER 225 OF THE CLAYTON MUNICIPAL CODE TO PROHIBIT HOUSING DISCRIMINATION ON THE BASIS OF A PERSON’S SOURCE OF INCOME

Interim City Manager Watson reported that this ordinance was on the May 28, 2019, agenda as a discussion only item. It was presented as one of many ways that can help support more inclusive housing options. A few changes were made to the ordinance from comments at that discussion.

Tristin Smiez, Moorlands resident, addressed the Board in support of the ordinance.

Alderman Boulton commented that this is a positive direction.

Alderman McAndrew commented that this could be a lead for other municipalities to follow suit.

Alderman Winings introduced Bill No. 6747, to approve an amendment to Chapter 225 of the Clayton Municipal Code to Prohibit Housing Discrimination based on a person’s source of income to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6747, first reading, an Ordinance Amending Chapter 225 of the Clayton Municipal Code to Prohibit Housing Discrimination on the Basis of a Person’s Source of Income 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. 6747 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6747, to approve an amendment to Chapter 225 of the Clayton Municipal Code to Prohibit Housing Discrimination based on a person’s source of income to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6747, second reading, an Ordinance Amending Chapter 225 of the Clayton Municipal Code to Prohibit Housing Discrimination on the Basis of a Person’s Source of Income 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. 6608 of the City of Clayton.

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AN ORDINANCE TO APPROVE AN EASEMENT AGREEMENT AND A MAINTENANCE AGREEMENT FOR CERTAIN IMPROVEMENTS TO THE METROPOLITAN SEWER DISTRICT’S SEWER AND STORMWATER SYSTEM IN SHAW PARK

Interim City Manager Watson reported that the proposed ordinance would approve easements to be granted to the Metropolitan Sewer District (“MSD”) for the purpose of allowing MSD to build and maintain a relocated sanitary sewer system and storm water system and other related appurtenances and improvements within Shaw Park.

Alderman Winings introduced Bill No. 6748, approving an easement agreement and maintenance agreement with Metropolitan Sewer District to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6748, first reading, an Ordinance Approving an Easement and BMP Maintenance Agreement for Installation of Certain Improvements to the Metropolitan Sewer District’s Stormwater and Sewer System to be Located in Shaw Park 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. 6748 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6748, approving an easement agreement and maintenance agreement with Metropolitan Sewer District to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6748, second reading, an Ordinance Approving an Easement and BMP Maintenance Agreement for Installation of Certain Improvements to the Metropolitan Sewer District’s Stormwater and Sewer System to be Located in Shaw Park 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. 6609 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT WITH GEORGE L. CRAWFORD AND ASSOCIATES, INC. D/B/A CBB FOR THE TRAFFIC MANAGEMENT ENHANCEMENTS PROJECT

Interim City Manager Watson reported that in the fall of 2018, the City of Clayton was awarded a grant from the East-West Gateway Council of Governments to implement a Traffic Management Enhancements Project. Engineering is planned to begin in 2019 with implementation in 2020.

In the spring of 2019 Public Works staff performed consultant solicitation in accordance with the Missouri Department of Transportation’s (MoDOT) Local Public Agency Manual. An advertisement was placed on MoDOT’s website, and four consultants’ submitted qualifications. Upon review of the qualifications by the selection team, George L. Crawford and Associates, Inc. d/b/a CBB, was selected to provide engineering services for the project.

Matt Malick, Interim Director of Public Works, addressed the Board to answer questions.

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Alderman Winings introduced Bill No. 6749, approving a contract with George L. Crawford and Associates, Inc. d/b/a CBB for the Traffic Management Enhancements Project to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6749, first reading, an Ordinance Providing for the Approval and Execution of an Engineering Services Contract with George L. Crawford and associates, Inc. d/b/a CBB for Engineering Services Related to the Traffic Management Enhancements Project (CMAQ-5438(614)) and Actions Related 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. 6749 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6749, approving a contract with George L. Crawford and Associates, Inc. d/b/a CBB for the Traffic Management Enhancements Project to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6749, second reading, an Ordinance Providing for the Approval and Execution of an Engineering Services Contract with George L. Crawford and associates, Inc. d/b/a CBB for Engineering Services Related to the Traffic Management Enhancements Project (CMAQ-5438(614)) and Actions Related Thereto 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. 6610 of the City of Clayton.

ALDERMANIC COMMITTEE ASSIGNMENT

Interim City Manager Watson reported that 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 that Alderman Susan Bradley Buse is appointed as the aldermanic representative to the Economic Development Advisory Committee and the Sustainability Committee.

Motion made by Alderman Winings to approve the appointment of Alderman Buse to the Economic Development Advisory Committee, and the Sustainability Committee. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

APPOINTMENT TO BOARDS AND COMMISSIONS

Interim City Manager Watson reported that the following individual has expressed interest in being appointed 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.

Sustainability Committee

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Susannah Fuchs Ward 1 (new appointment for unexpired term through June 30, 2020)-replaces S. Cohn

Motion made by Alderman Winings to approve the appointment of Susannah Fuchs to the Sustainability Committee. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

9:40 p.m. Mayor Harris called for a five-minute break.

9:47 p.m. the meeting came to order.

APPEAL OF THE PLAN COMMISSION’S DECISION REGARDING NEW CONSTRUCTION OF A SINGLE-FAMILY HOME AT 234 CRANDON AVENUE

Interim City Manager Watson reported that this is a request for an appeal of the Plan Commissions’ decision to approve the site plan for the construction of a new single-family residence, at 234 Crandon Avenue. Specifically, the applicant is appealing the decision of the Plan Commission’s approval of the location of the air conditioning compressors on the north side of the proposed single-family home. On June 28, 2019, Carl and Gail Lang, who reside at 8330 Kingsbury Boulevard, filed an appeal with the City of Clayton regarding the Plan Commission’s decision to approve the project.

On June 17, 2019, the Plan Commission voted 5 – 0 to approve the site plan for the project, subject to staff conditions (staff conditions were unrelated to the location of the air conditioning units).

Charles Ebert, Attorney, representative, #1 N. Brentwood, resident at 8137 University Drive, addressed the Board providing a brief summary on behalf of the appellants Carl and Gail Lang, owners of 8330 Kingsbury.

Mike Biffignani, President, Sondare Acoustics, addressed the Board providing a handout (Exhibit N) and a summary of a noise study done on behalf of the appellants and to answer questions.

Robb Hellwig, attorney, representative, addressed the Board on behalf of the Josh and Danielle Shapiro, owners of 234 Crandon and to answer questions.

Pierce and Sue Powers, 665 W. Polo Drive, addressed the Board, commenting regarding the County’s noise ordinance and how it affected them and their neighbors in the past years.

Randi Jacobs, 214 Gay Avenue, addressed the Board, commenting on past issues with the Planning Department on the location of her air conditioning unit(s).

Gail Lang addressed the Board inviting them to visit her property.

No action was taken. The decision on the appeal will come back at a future meeting.

Other

Alderman Boulton reported that the Non-Uniformed Employee Retirement Board and the Uniformed Employee Retirement Board met this week.

Alderman Lintz reported that the Plan Commission/ARB met and approved a Conditional Use Permit for the Clayton Wine House, a wine and gourmet food store, located on Clayton Road (the former rug store).

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Alderman Berkowitz reported on Parks and Recreation Commission.

Mayor Harris reported on the following: • Art Fair Kick-Off event • The representatives from District 5 met with County Executive Sam Page

There being no further business the meeting adjourned at 10:45 p.m.

____________________________

Mayor

ATTEST:

____________________________ City Clerk