August 28, 2018 — Meeting Minutes
08-28-18 BOA Minutes August 28, 2018 Page 1 of 8
Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
THE CITY OF CLAYTON
Board of Aldermen City Hall – 10 N. Bemiston Avenue August 28, 2018 7:00 p.m.
Minutes
Mayor Sanger called the meeting to order and requested a roll call. The following individuals were in attendance:
Aldermen: Mark Winings, Joanne Boulton, Ira Berkowitz, Michelle Harris, and Bridget McAndrew.
Mayor Sanger City Manager Owens City Attorney O’Keefe
Absent: Rich Lintz
Motion made by Alderman Boulton to approve the August 14, 2018. Alderman Berkowitz seconded.
Motion to approve the minutes passed unanimously on a voice vote.
PUBLIC REQUESTS AND PETITIONS
None
A PUBLIC HEARING AND A RESOLUTION TO CONSIDER A CONDITIONAL USE PERMIT 7 GABLES HOTEL LOCATED AT 26 N. MERAMEC AVENUE
Mayor Sanger opened the public hearing and requested proof of publication.
City Manager Owens reported that this is an application submitted by Jacob Horner, owner of 7 Gables, LLC, buyer under contract, for a Conditional Use Permit to allow the operation of a 20,794 square-foot hotel to be known as 7 Gables.
Jacob Horner, owner, addressed the Board to answer questions.
Alderman Berkowitz inquired as to the condition that restricts outdoor music.
Nancy Francis, 312 N. Brentwood, requested that they ban the employees from smoking on the sidewalk and to also consider updating the property to a first-class hotel.
Alderman Boulton referenced the City’s smoking ban ordinance.
Mayor Sanger closed the public hearing.
Motion made by Alderman Winings to approve Resolution No. 18-15, granting a Conditional Use Permit to 7 Gables Hotel at 26 N. Meramec Avenue. Alderman Boulton seconded.
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Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
The motion passed unanimously on a voice vote.
A MOTION TO CONSIDER APPROVING A LIQUOR LICENSE FOR 7 GABLES HOTEL LOCATED AT 26 N. MERAMEC AVENUE
City Manager Owens reported that 7 Gables, LLC d.b.a. Seven Gables Inn is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 26 N. Meramec Avenue.
Motion made by Alderman Winings to approve a request for a liquor license for 7 Gables Hotel located at 26 N. Meramec Avenue. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
A PUBLIC HEARING AND ORDINANCE TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR LEMON SHARK POKE’ RESTAURANT LOCATED AT 33 N. CENTRAL AVENUE
Mayor Sanger opened the public hearing and requested proof of publication.
City Manager Owens reported that this is a public hearing to consider an application for a Conditional Use Permit submitted by Lauren Adler, owner of Virago, LLC, to allow the operation of a 2,126 square foot restaurant on the first floor of the subject mixed-use building (commonly known as Ceylon). The restaurant will have an address of 33 North Central Avenue.
Jeff Pernicoff, representative, addressed the Board to answer questions.
Mayor Sanger closed the public hearing.
Motion made by Alderman Winings to approve Resolution No. 18-16, granting a Conditional Use Permit to Lemon Shark Poke’ Restaurant located at 33 N. Central Avenue. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
MARYLAND AVENUE DESIGN PROJECT
Matt Malick, Assistant Director of Public Works, provided a presentation and update on the Maryland Avenue Resurfacing Design Project.
Srinivas Yanamanamanda, CBB Engineering, addressed the Board to answer questions. Harold Sarner, representing 10 residents of 312 S. Brentwood, addressed the Board inquiring as to what is the benefit and purpose of the “scheme” to Clayton.
Nancy Rossman, 127 N. Bemiston, addressed the Board with concerns that the City is spending a lot of money to create more traffic on Maryland Avenue.
Jeff Leonard, 8038 Davis, addressed the Board stating that he moved here because of the bikeable community and asks the Board to “seize the future.”
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Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
Charles Ebert, resident, addressed the Board asking if this will be a cost benefit; and who will benefit from the bike lane(s); how many people will use it. He urged the Board to not take any traffic lanes away.
Carol Kline, resident of Polo Drive, member of the Great Rivers Greenway Board, addressed the Board stating that studies show that bike lanes will increase traffic and benefit retailers. She commended the Board on the plan put together for the bike lanes.
Kathleen Gund, 329 N. Bemiston, addressed the Board stating that she bikes to work and sees the bike lanes as a benefit to the City.
Rania Lombari, Manager of Two Twelve Clayton, addressed the Board stating that 55% or their residents have bikes which is continuing to be in high demand. Commends the Board on the bike lane plan.
Mayor Sanger added the on the data he received, The Ceylon – 40% of residents have a minimum of one bike; The Barton – expecting 60% of residents to have bikes. He estimates that if 40% of these total residents have bikes when the buildings become fully occupied there will be approximately 240+ bikes. The data for the LimeBikes in Clayton states that within 52 days there have been 840 users which equal 1,300 trips and that the city is one of the strongest markets in the Country. He commented that he found lots of articles of success stories and also looked for negative articles but found only one from Road Diet where in Jacksonville, Florida they had to remove the bike lanes.
Cindy Mense, 6303 Southwood, addressed the Board referencing data on bike usage related to the Cortex Community. She urged the Board to consider dedicating streets for bikeable options.
Robert Murtha, 8136 Stratford, addressed the Board stating that he is an avid cyclist and has ridden all over nationally and internationally. He has a fear of riding in St. Louis because of the nonprotected bike lanes. He urges the Board to consider placing protected bike lanes on the roadways.
Simon Katz, owner of Katz Jewelers located on Maryland Avenue, addressed the Board stating that he submitted a petition of signatures, all of whom own businesses in the 8100 block of Maryland and opposing the proposed reduction in traffic lanes. He also provided a handout (attached) of the number of cyclist that he counted.
Nancy Francis, 312 N. Brentwood, addressed the Board with her concerns of the aesthetics of the design plan. She asked that the Board consider the design for Natural Bridge Road which she thought was well planned.
Dan Rosenthal, representative for Kol Rinah, addressed the Board with questions regarding a painted crosswalk at Linden and Maryland Avenues.
George Hettich, 130 N. Central, addressed the Board with concerns that there is a lack of bike lanes in the city which needs to be addressed and now is the opportunity to do so. He strongly recommends the proposed bike lanes.
William Cody, 700 Audubon, addressed the Board stating that as a cyclist he has experienced being struck by a car and he encourages buffered bike lane and this is the time to improve mobility for everyone.
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Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
Ken Goldman, 8116 Pershing, addressed the Board stating that he is an avid biker and that if the streets were safer than people will bike. He feels that the city should take the lead and vote in favor of the plan.
Diane Carr, owner of The Avenue Restaurant, addressed the Board stating that she is a cyclist and she encourages the city to provide the bike lanes.
Taylor March, Policy Director, Trailnet, addressed the Board urging them to provide the highest quality bike lanes which would be the most protected. He provided a handout (attached) to the Board.
Frank Hackmann, addressed the Board stating that continued viability is important and that he supports bike lanes, but feels that Maryland Avenue is not the right street to close off the traffic.
David Eagleton addressed the Board stating that this is a regional issue. He thanked the City for being a leader and he said that protected bike lanes will create thriving businesses. In referencing a Denver study, he stated it is all about safety.
Pete Koronis, 8416 Kingsbury, addressed the Board inquired as to how the bike lane concept came up and will it affect the federal funding. Mayor Sanger noted that the City has a Complete Streets Ordinance.
Jim Mense, 6306 Southwood, stated that the city needs protected bike ways and that both cars and cyclist face the same issues.
Helen D’Fate, 131 N. Bemiston Avenue, inquired as to the medical, fire, and police response times and if there could be delays. She commented that she supports the protected lanes, but that public safety would not be an acceptable trade-off.
Matt Malick responded stating that there will be a center lane and finds no issue with public safety responses.
Patty Cantor, 8025 Maryland, inquired about the former design plans for Brentwood Boulevard. Mayor Sanger noted that those plans did not work out.
Brian Zalivar 7514 Oxford, stated that bikers are part of the future and that he is in favor of the proposed project.
Robert GaBerra, owner of salon at 8109 Maryland, stated that the retailers along 8100 Maryland are not in support of the proposed project.
Shante Ray, owner, Happy Up, encourage that parking is not be disrupted. Alderman Boulton noted that there is an underutilized parking garage directly across the street.
Francis Perez, 6330 Southwood, stated that he is a cyclist and that the bike lanes will help the retailers. He urges that the city move forward and progress and that it is important that it attracts younger people.
Becky Patel asked that the city go with the most protected lane.
Andrea LaBarge, 111 N. Forsyth, stated that she is a cyclist and is supportive of continuing the Great Rivers Greenway connection.
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Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
Meg Huber, owner of a Florist at 8103 Maryland, expressed her concern about the safety due to the lane reduction.
Matt Schaumberg, 79 Aberdeen, expressed his support in the plans.
Gary Heifitz, 8146 Westmoreland, expressed his concerns about the location of bike lanes as related to parking and the opening of car doors, and the traffic.
Andrew Galakatos, 8025 Maryland, complimented the Board for all the work and meetings that they have had to discuss this issue. He urged the Board to do an in-depth comprehensive review of the bike path.
Julian Hess commended the Board stating that this is the opportunity to make a statement and be progressive, referencing Complete Streets. He supports the proposal and feels it is the right thing to do.
Alderman Berkowitz stated that he really appreciated all the comments made tonight. His concern is (1) dealing with traffic and (2) how it is going to affect retail because that strip of Maryland Avenue is very important to everyone. Referencing the traffic study, it doesn’t appear that there will be inconveniences to a whole lot of people. He has heard from a lot of people regarding to slower traffic, which would be a positive. He has done his own research and relies on the data collected. Most data show that parking was taken away in many of those instances, we are not taking any parking. He feels that we would be adding to possible customers for the retailers. He expressed that he is in favor of the project.
Alderman Winings commented that they have spent a lot of time over the last few months and he appreciates all the input from the citizens. They decided some time ago that they wanted to become a walkable, bikeable community which was at the top of the priorities list since he began on the Board. He feels this is a good opportunity to give some life to that vision and expressed his support for the project.
Alderman Boulton stated that right-of-ways are meant for all the public, not just for cars/parking. They heard and looked at all the concerns and issues on how it would impact traffic by reducing lanes. It is now time for people who want to bike safely to have a little piece of that right-of-way. She supports a protected bikeway as long as it can be done realistically.
Alderman McAndrew stated that she too is grateful for all the input heard – what a great way to engage the community. This was not an easy decision in terms of traffic and safety concerns. She uses Maryland Avenue at least 10-15 times a day and it is a busy section. She counts on the experts for guidance and the reports/data showed that the commuters will experience a 2 - 3 minute delay at the worst 10% of time. She loves the Maryland Avenue shops and she struggled to find other communities who have done this experience retail closings, but that has not been the case. She stated that due to the traffic back up she is in favor of a shared lane from Forsyth to Gay; and a protected lane from Forsyth to Hanley. She noted that she is comforted by the fact that if this does not go well the city can fix it.
Alderman Harris stated that she attended a conference today on climate change and all of the regional leadership (East-West Gateway, Green Building Council, Great Rivers Greenway, Ameren, etc) were in attendance. She was marveled at how much these stakeholders are contributing and how committed they are to a more sustainable region. She stated that long ago the city committed to being sustainable, Pure-Power Community, Complete Streets, etc. and we must continue being a by going forward. We are trying to attract young people (and families) that are active. She wants to protect the Williamsburg shops and she likes the ideas that the
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Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
team has presented. This can be a test and we can monitor key attributes (traffic cues, delays, increases/decreases in retail sales, etc.) and if it’s negative enough we can take it out. She strongly supports the project.
Alderman Berkowitz inquired about the cost to remove if the project does not work.
Matt Malick stated that it would cost about 50% of the project.
Paul Wojciechowski, Alta Planning, addressed the Board to answer questions.
Mayor Sanger stated that this was difficult for him, he is a data driven guy and the data showed on the research that he did on “bike lanes and business” and “road diet and business” showed many success stories and he found one city in Jacksonville, Florida where they reversed the road diet which wasn’t in an urban area. The city has an obligation to take steps towards attracting more young people. He referenced that the city is looking into the ECab service for downtown. He noted that he is opposed to having bike lanes from Gay Avenue to Forsyth Boulevard. He noted that Alderman Lintz (who is absent tonight) has expressed his position as “no” and is opposed to the plan. He suggests that tonight the Board approve the plan as submitted.
Mayor Sanger with the four-lane marked sharrows from Gay to Forsyth and then protected to Hanley and per Alderman Boulton, include taking the alternate route, connecting Gay Field to the Centennial Greenway.
Alderman Berkowitz added that he is in favor of the plan, but he suggests and would like to see a green painted path that specifically indicates one-lane on one side and one-lane on the other side that this is a bike path that is used and shared with a bicycle rider. That rider has rights on the road and should be given their respect and the protection that they deserve.
Alderman Harris noted that the owner of 5-Star Burgers sent an email of a picture of a shared bike lane in Denver. She said that the green striped lane is expensive and may also be expensive to remove and suggested an alternative striping such as the example in Denver.
Alderman Winings concurred with Alderman Harris adding that he would still like to see a shared bike pedestrian path on the south side of Maryland Avenue.
Mayor Sanger adjourned the meeting for a break at 9:52 p.m.
The meeting reconvened at 10:02 p.m.
A PUBLIC HEARING AN ORDINANCE TO CONSIDER APPROVING THE PROPERTY TAX LEVIES FOR TAX YEAR 2018 (FY2019) – 1ST READING
Janet Watson, Finance Director, provided a summary of the proposed property tax levies for tax year 2018 (FY2019). Ms. Watson noted that previously the City voluntarily reduced one rate, the Police Building Debt Service personal property rate, in the amount of $0.002 and can now reset that rate to the voter-approved tax rate ceiling. Similarly, the calculation of assessment changes, growth, cost of living adjustments, recoupment, etc. results in three other rates – general fund residential ($.006); police building debt service residential ($.001), and special business district residential ($.007) – eligible to be reset to the voter-approved tax rate ceiling. These changes can only be made in non-reassessment (even numbered) years.
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Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
Alderman Winings introduced Bill No. 6686, an ordinance to approve the Property Tax Levies for Tax Year 2018 (FY2019) to be read for the first time by title only. Alderman Boulton seconded.
City Attorney O’Keefe reads Bill No. 6686, first reading, an Ordinance Levying and Establishing the Rate of Annual Taxes for General Municipal Purposes; Police Building Debt Service; General Obligation Debt Service; and Special Business District Purposes to be Collected by the City of Clayton, Missouri, for the Year 2018, Including Resetting Certain Tax Rates to the Voter-Approved Tax Rate Ceiling and Articulating Reasons for Doing So.
The motion passed unanimously on a voice vote.
A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING THE FY 2019 OPERATING AND CAPITAL IMPROVEMENTS BUDGET – 1ST READING
Mayor Sanger opened the public hearing and requested proof of publication.
Janet Watson, Finance Director, addressed the Board to answer questions.
Mayor Sanger opened the public hearing.
Alderman Winings introduced Bill No. 6687, an ordinance to approve the FY2019 Operating and Capital Improvement Budget to be read for the first time by title only. Alderman Boulton seconded.
City Attorney O’Keefe reads Bill No. 6687, first reading, an Ordinance Adopting an Annual Budget for Fiscal Year 2019 Commencing on October 1, 2018 and Appropriating Funds Pursuant Thereto.
The motion passed unanimously on a voice vote.
Other
Alderman Boulton reported on the following: • Clayton Century Foundation o Discussed ECabs o Discussed History Society
Alderman Harris reported on the following: • Attended a Cross-Sector Forum on Climate Change at Washington University • Sustainability Committee o Discussed updating the website o Discussed bike lanes
Alderman McAndrew reported that the Clayton Kids Triathlon was an amazing event. Her children participated in the event and this year was a record number of participants.
Mayor Sanger reported on the following: • St. Louis Region Proposition D information meeting at the Maryland Heights City Hall o Discussed the fuel tax proposal; would like to promote this initiative in the community
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Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
• Limebike Data o Usage during the time of July 6-August 27: 840 users; 1300 trips
Motion was made by Alderman McAndrew 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 Harris seconded the motion.
Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew, and Mayor Sanger – Aye.
There being no further regular business the meeting was adjourned at 10:15 p.m.
____________________________
Mayor
ATTEST:
____________________________ City Clerk