December 20, 2016 — Meeting Minutes

12-20-16 BOA Minutes December 20, 2016 Page 1 of 5 THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue December 20, 2016 7:00 p.m.

Minutes

Mayor Sanger called the meeting to order and requested a roll call. The following individuals were in attendance:

Aldermen: Cynthia Garnholz, Mark Winings, Joanne Boulton, Alex Berger, Rich Lintz, and Ira Berkowitz.

Mayor Sanger City Manager Owens City Attorney Heinz

Alderman Boulton moved to approve the December 13, 2016. Alderman Winings seconded.

The motion to approve the minutes passed unanimously on a voice vote.

PUBLIC REQUESTS AND PETITIONS

None

A MOTION TO CONSIDER AN APPEAL OF AN ADMINISTRATIVE ARCHITECTURAL REVIEW BOARD DECISION FOR 8121 PERSHING AVENUE

City Manager Owens reported that this is an appeal submitted by Gail Lynn Elble and Janice R. Hoffman, owners of 8117 Pershing Avenue, of the administrative approval of a window located at the northeast corner of the home addressed 8121 Pershing Avenue. On April 4, 2016, the Architectural Review Board approved the construction of a 2-story, 823- square-foot addition to the rear of the home addressed 8117 Pershing Avenue and an 84-square- foot addition to the west side of the existing detached garage at the same address (staff report and meeting minutes attached). The appeal alleges that notification of the 8121 Pershing Avenue project was not received by Ms. Elble and Ms. Hoffman until after the April 4, 2016 meeting. The Planning Department’s records indicate that the notification mailing list was generated on March 28, 2016, which included Ms. Elble and Ms. Hoffman at 8117 Pershing Avenue; the meeting agenda would have been mailed no later than March 29th.

During the course of construction, it was discovered that the contractor had begun the installation of a window at the northeast corner of the addition that was not part of the approved plans. On November 1, 2016, an application to amend the approved building permit was submitted which depicted the subject window. On November 2, 2016, the City Manager approved the amendment and construction commenced.

Pursuant to Section No. 400.230 “Appeals”, an aggrieved party may, within 15 days of the decision for which redress is sought, file with the Board of Aldermen a written request for reconsideration and appeal of any decision of the Architectural Review Board. The written request must set forth in a concise manner the decision being appealed and all grounds known

12-20-16 BOA Minutes December 20, 2016 Page 2 of 5 to the appellant as to wherein and why the decision is allegedly in error. The appeal was submitted to the City Clerk on November 10, 2016. Section 400.230 also requires the aggrieved party to provide a copy of the appeal and supporting documents to the applicant within three days of filing and that proof of service be provided to the City Clerk within six days of filing; proof of service was received by the City Clerk on November 15, 2016.

Staff has reviewed the appeal application and the rationale provided by the appellant as to why they object to the approval of the addition of a window. The appeal states that the window greatly impinges on the appellants’ privacy, however, nowhere does it allege that the decision made to approve the window was in error; pursuant to the requirements of Section No. 400.230 above. Therefore, staff is of the opinion that the appellant has not provided sufficient grounds for a request for an appeal and it should be denied.

Recommendation is to consider the appellants’ written request for an appeal of the Administrative Architectural Review Board decision along with the staff’s analysis as set forth in this report. The Board may consider the appeal on the record of the City Manager’s decision, or may, at its sole discretion, receive additional evidence in such manner as it deems appropriate in light of the circumstances. The Board shall approve, modify or disapprove the appeal.

Gail Elble and Janice Hoffman, owners, 8117 Pershing Avenue, addressed the Board with their concerns regarding privacy. Ms. Elble stated that they are asking the Board to appeal the decision of the Architectural Review Board with regard to the second floor window on the new addition at 8121 Pershing Avenue. She stated that the window was not included in the original plans and while they were out of town in Florida the window was installed facing their swimming pool. She stated that the city inspectors did not follow-up during the construction process and therefore a window was installed without the City’s knowledge. She said that after contacting the City they were assured that the window would not be allowed, but then was informed that the window was administratively approved.

Mayor Sanger explained that administrative approvals are a normal process which is done hundreds of times in the course of business in the City. This issue was determined to not be a major change as it was facing the Thompson’s rear yard and therefore approved administratively which is the issue that is being appealed.

Alderman Berkowitz stated that he is trying to understand the “gravity” of the complaint and what is the issue with regard to this particular window. He commented that he probably does not notice his neighbors’ windows in their back yard and wanted to know of Ms. Elble and Ms. Hoffman’s concerns.

Ms. Elble stated that her concern is the behavior of their neighbors. They now have a window and will be able to look into their back yard and swimming pool (i.e. children throwing debris into the pool, climbing on the fence, pointing, etc.)

Mayor Sanger stated that clearly this is not the first issue that has come about between the neighbors. There have been multiple police calls (on both sides) and he feels/hopes that this is an end of a very long string of issues between these neighbors. He expressed that he is sorry that this has happened to both parties involved.

Ms. Hoffman stated that their relationship with their neighbors at the 8121 property has not been a stellar relationship for many years. She stated that if the Planning and Development people had done what they needed to do and enforce the ordinances set forth by the City a lot of this angst would not be happening. She noted that both she and Ms. Elble contacted the City with regard to several maintenance/construction issues. i.e. a construction fence that had not been

12-20-16 BOA Minutes December 20, 2016 Page 3 of 5 installed at the proper time, a hole in the backyard that was a safety hazard, and mud created from a front yard project which should have required a silt fence. She feels that the window impinges on their property by looking over their pool therefore invading their privacy.

Mayor Sanger stated that he recognizes the passion involved and that the Board of Aldermen is not the Housing Court. The issues Ms. Hoffman speaks of are issues that would come back through the system and be resolved through the City’s systems of dealing with those issues. He is sorry that she is not happy with the way things are dealt with, but what is before the Board tonight is whether or not the Thompsons can have a window. he explained that living in an “urban” area with 50 foot lots the vast majority of houses have windows that people can see one yard or another from including your own yard.

Mayor Sanger explained that the window was approved administratively by the City through the proper “channels”. There are items/issues that are approved by the City Manager that neither the Board nor the Planning Commission would see or review because they are deemed to be not major changes. A change of a person wanting to have a window that overlooks their backyard is not a major change and they cannot administrate line of site, no one owns the “air” above the fence.

Mayor Sanger expressed that he is sympathetic and is very sorry that the neighbors do not get along, there is a history of the issues and he will not go into who is right or who is wrong. What is before the Board tonight is to make a determination as to whether the window that was approved administratively was appropriate or not.

Ms. Hoffman commented on the property violation notice that they recently received with regard to their home and that she has spoken with Susan Istenes. She asks that the neighbors stop the issue of “tit-for-tat” which is wrong and upsetting and no one needs the stress.

Mayor Sanger stated that it is typical in the community that requests for property inspections are received from neighbors which is not an unusual circumstance. He noted that Ms. Istenes would not enforce the violation until the weather is cooperative. Ms. Hoffman confirmed that she has already spoken with Ms. Istenes.

Ms. Hoffman thanked the Mayor and Board of Aldermen. She also thanked City Manager Owens for the call received earlier today with regard to the water and commented that she had wished her neighbor was neighborly enough to have made the call. City Manager Owens stated that it was the neighbor, Mr. Thompson, who had called him out of concern and asked him to contact them.

In response to Alderman Boulton’s question, Susan Istenes stated that the construction is ongoing and the construction fencing has been installed.

Alderman Garnholz moved to deny the appeal. Alderman Winings seconded.

The motion passed 6 – Ayes to 1 – Nay (Alderman Boulton) vote.

BOARD UPDATE ON STATUS OF ONGOING PROJECTS

City Manager Owens updated the Board on significant projects that are anticipated to be completed in the next twelve months. The list of projects (provided in the Board packet) currently has more than 120 items and is organized by the staff member responsible for implementation. The projects included are in progress, completed projects are removed from the list. The list ranges from public-facing projects such as website enhancements and

12-20-16 BOA Minutes December 20, 2016 Page 4 of 5 sidewalk/roadway improvements to behind-the-scenes initiatives including strategic planning and software upgrades.

In response to Alderman Boulton’s question with regard to the elevator project, City Manager Owens stated that both elevators will be worked on at the same time.

In response to Alderman Berkowitz’s question with regard to the St. Louis County courts project, City Manager Owens confirmed that the tree grates have been installed. Alderman Garnholz commented that Meramec Avenue is now open in both directions.

In response to Alderman Lintz’s question regarding staffing in the Planning Department, City Manager Owens confirmed that they have interviewed and extended an offer of employment to Anna Krane, a CHS graduate, for the planner position.

In response to Alderman Boulton’s question regarding the Apogee project, City Manager Owens explained that the Apogee project is on the list in error.

In response to Mayor Sanger’s question, City Manager Owens stated that the Passport Parking App will go live in January.

In response to Alderman Berkowitz’s question, City Manager Owens confirmed that the City is offering free parking for a year for up to three people who sign up during a certain period of time.

In response to Alderman Lintz’s question, City Manager Owens stated that “ambassador” training is scheduled for the new parking features.

In response to Alderman Mayor’s question regarding the design buildout of 10 S. Brentwood Boulevard, City Manager Owens stated that a request for proposals has been created and is moving forward.

In response to Alderman Berkowitz’s question with regard to the restructuring of the courts as required by the State Statutes, City Manager Owens stated that staff had a meeting with the city attorney, judge, and prosecuting attorney and reviewed the items that needed to be addressed and performed a self-evaluation of compliance. Everyone agreed that the City is in compliance on a majority of the issues and issues that need to be updated they will send a plan and letter from Judge Dulle to the supervising judge stating how the City will gain compliance.

In response to Mayor Sanger’s question regarding the bike path presentation, Alderman Boulton stated that she would like to review the old bike plan and see if there is any low cost items that can be implemented (i.e. bike marking, wayfinding) especially as it relates to the Brentwood Boulevard resurfacing. She felt that the presentation was a good idea in order for the Board to become more educated. She feels it would be worth it to become part of a larger regional bike sharing plan.

Alderman Berger commented that bike marking is not that simple in terms of the opinions of some residents (i.e. Polo Subdivision) and drawing lines on the streets does not ensure safety.

Other

Alderman Garnholz expressed birthday greetings to Alderman Berger.

12-20-16 BOA Minutes December 20, 2016 Page 5 of 5 Alderman Boulton reported that the Plan Commission unanimously approved the Centene project, amendment of the SDD and Subdistrict 1 and Subdistrict 2A. In terms of public input, there were two people present from The Plaza; no one from The Crescent spoke, and they received one email prior to the meeting from a resident at The Crescent to which those issues where addressed; there were two people from The Plaza, one of which was in a wheel chair, who brought up mobility issues. Centene had previously met with staff and agreed to all staff recommendations. She noted that although they were not considering Subdistrict 2C, the residential portion (eastern side); Centene has started the preliminary planning.

Herbie’s Restaurant “artwork” was approved.

Alderman Berger stated that the members of the Plan Commission had done an outstanding job of taking the information presented to them for the Centene project, making their assessment, and voicing their concerns in a very direct, informed, and candid way. This process has allowed for a good strong public/private partnership that created outcomes and found ways to make changes that the developer clearly understood. Changes made on behalf of input from the Commission and citizens who had come forward with concerns. He complimented all of the members of the Commission.

Alderman Berger commended the Public Works Department on the great job over the weekend with keeping our streets clear.

Alderman Berkowitz stated the CCF Major Gifts Committee met today and they are already at work on the projects that were agreed to and approved by the Board. There was conversation with regard to options for accomplishing a “green” alley. They have acknowledged that there needs to be a master plan for DeMun Park and once they have the numbers they can begin fundraising efforts.

Mayor Sanger announced that they are expecting grandchild number five; leaving tomorrow for Florida returning after the first of the year.

There being no further business the meeting was adjourned at 8:15 p.m.

____________________________

Mayor

ATTEST:

____________________________ City Clerk