July 28, 2015 — Meeting Minutes
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THE CITY OF CLAYTON
Board of Aldermen City Hall – 10 N. Bemiston Avenue July 28, 2015 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 III, Rich Lintz, and Ira Berkowitz.
Mayor Sanger City Manager Owens City Attorney O’Keefe
Alderman Boulton moved to approve the July 14, 2015 minutes. Alderman Winings seconded.
The motion to approve the minutes passed unanimously on a voice vote.
PUBLIC REQUESTS AND PETITIONS
None
A PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR A SECOND UNIT AT 10 EAST BRENTMOOR PARK
Mayor Sanger opened the public hearing and requested proof of publication.
City Manager Owens reported that this is a public hearing and subsequent resolution to consider granting a Conditional Use Permit to David and Erin Karandish, owners, to allow the second floor of a detached garage that is currently under construction to function as a second unit. The subject property is located in the R-1 Zoning District. The second unit is subject to the issuance of a conditional use permit as contained in Article II, Section 405.330 of the Zoning Regulations. A second unit (carriage house/granny unit) is a type of accessory structure, either attached or detached, which provides complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation and is located on the same site as the principal residence. The second floor of the garage will feature the elements that define a second unit which include a kitchen, bathroom, sleeping and living space. Permanent use of second units is limited to individuals related to the owners, or employees of the owners of the principal residence who do work on the grounds of the property. The second unit may not be rented and the owner shall record a deed restriction to this effect as part of the permit process required for a second unit. The applicant (owners) has indicated that the second unit will be occupied by someone employed by them and works on the grounds.
The 1.76-acre property is located in the Brentmoor Park Subdivision and has a zoning designation of R-1. On January 20, 2015, the Architectural Review Board approved plans for a 3-car detached garage at the northeast corner of the lot. At the time of approval, the plans indicated that the second floor of the garage would be unfinished. The applicant now proposes that the second floor be used as a 460-square-foot second living unit. Two parking spaces are required (one for the principal structure and one for the proposed second unit). Three parking spaces are provided in the detached garage. No landscaping is proposed. The property is 1.76 acres in
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size and is surrounded by other large lots to the east, south and west; and to the north by an alley. The garage is surrounded by a dense landscape buffer that provides adequate screening.
The Plan Commission considered the request for Conditional Use Permit at their July 6, 2015, meeting and voted unanimously to recommend approval subject to the stipulations contained in Article II, Section 405.330 (outlined above) and that proof of the required deed restriction be submitted to the City prior to building permit issuance.
Staff recommends approval of the resolution granting a Conditional Use Permit for a second unit.
In response to Alderman Boulton’s question, David Williams, architect, addressed the Board stating that the original home was torn down and a new home was rebuilt at the property address.
In response to Mayor Sanger’s question, Aldermen Winings confirmed that the Plan Commission/ARB had no issues with granting the request.
Mayor Sanger closed the public hearing.
Alderman Garhnolz moved to approve Resolution No. 15-09, granting a conditional use permit for 10 E. Brentmoor Park. Alderman Winings seconded.
The motion passed unanimously on a voice vote.
A PUBLIC HEARING AND RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A RESTAURANT (PARIGI) AT 8025 BONHOMME AVENUE (CLAYTON ON THE PARK BUILDING)
Mayor Sanger opened the public hearing and requested proof of publication.
City Manager Owens reported that this is a public hearing and subsequent resolution for a conditional use permit for the proposed operation of a restaurant to be known as Parigi within the Clayton On the Park (COTP) building. The subject property is located at the northeast corner of Brentwood Boulevard and Bonhomme Avenue and has a zoning designation of Planned Unit Development. The restaurant space is located on the west side of the mixed- use building facing Shaw Park.
The restaurant will serve contemporary Italian cuisine using French techniques. The restaurant space measures 4,643 square feet and will accommodate 96 seats indoors. Outdoor dining is not proposed.
Proposed hours of operation are 8:00 a.m. to 11:00 p.m. seven days a week. Deliveries to the restaurant will be made through the existing loading area located on the north side of the building off the alley. Delivery service from the restaurant is not proposed. Trash will be stored in existing receptacles located in the loading area and the restaurant plans to participate in a recycling program. Parking will be available in the public parking garage to the east. Valet services will be located on Brentwood Boulevard.
20 parking spaces are required for this restaurant based on its size and number of seats. The Clayton on the Park building comes with rights to 260 parking spaces located in the adjacent 8011 Bonhomme Garage owned by the City. The current lease also provides the Clayton on the Park building 69 additional spaces during the evenings after 5:00 p.m. and on weekends. The garage has a capacity of 570 parking spaces that are unassigned and are not reserved for each user. As part of the rezoning of the property to Planned Unit Development in 2011, a shared parking study analyzed the parking demands of the development based on the occupancy of 209 residential units and a 5,000 square foot restaurant. The consultant found that the parking demand for the proposed use of Clayton on the Park would be met with the current number of spaces at the 8011 Bonhomme Garage. The consultant also noted that with the inclusion of the 69 additional parking spaces available on
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evenings and weekends, there was 20 to 40 percent excess parking capacity at different times of the day. Additionally, based on the City’s Bicycle Parking Regulations, the restaurant would be required to provide one bicycle rack; however, one has not been shown on the plans. The applicant has indicated that a revised site plan will be submitted depicting the location of the required bicycle rack.
The Plan Commission considered this request at their July 6, 2015 meeting and voted to recommend approval of the Conditional Use Permit to the Board of Aldermen. Recommendation is to conduct a public hearing and approve the resolution.
Mark Rubin, The Koman Group, representative of Clayton On the Park, Ben Poremba, owner operator with Concepts in Food, and Susan Bauer was in attendance to address the Board.
In response to the Board’s questions, Mr. Rubin stated that they will be doing some renovations. They will not have an outside “deck” area for dining, and they plan on opening in November.
In response to Alderman Boulton’s question, Mr. Rubin stated that bike racks are available on the inside of the building, but will also be placing racks on the outside.
In response to Alderman Garnholz’s question, Ben Poremba stated that the menu will be contemporary Italian cuisine with a French influence and they will also serve breakfast and pastries.
Mayor Sanger closed the public hearing.
Alderman Garhnolz moved to approve Resolution No. 15-10, granting a conditional use permit for Parigi restaurant located at 8025 Bonhomme in the Clayton On the Park building. Alderman Winings seconded.
The motion passed unanimously on a voice vote.
A RESOLUTION TO CONSIDER AUTHORIZING THE EXPENDITURES OF UP TO $200,000 TO MAKE REPAIRS TO SHAW PARK ICE RINK AND AUTHORIZING STAFF TO BEGIN PREPARATION FOR THE RECONSTRUCTION OF THE RINK IN 2018
City Manager Owens reported that as the Board is aware, the Shaw Park Ice Rink and its equipment are at the end of their useful life. We ended this past season operating with only one working compressor. Our service contractor was able to get one of the two down compressors working again, but one of the compressors needs to be completely overhauled to get us through the next few seasons. We can operate with only two good compressors, so if the third one goes out I would not recommend completing an overhaul on the third one. We also experienced problems with the roof, slab and dasher boards last year, all of which will require work prior to the start of the season.
At the conclusion of the FY2015 Rink Season we compiled a list of those items that would need to be repaired or replaced in order to make the rink operational by November 2015. In summary, the city will need to allocate up to $200,000 in its capital fund to do the following work:
Complete overhaul of one compressor to include installation of a new oil separator. Purchase and installation of replacement dasher boards as needed. We estimate this to be up to 30 boards. Repair slab on north end of ice rink. Repair roof of existing buildings. Additional small miscellaneous repairs.
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It is anticipated that this will allow the city to continue operating the rink through the FY 2018 season (March 2018). At that time existing revenue streams, dedicated to Parks and Stormwater needs, will be available to fund a new or refurbished Ice Rink.
In the city’s recently completed community survey the residents were asked if they were supportive of investing an estimated $200,000 to make these repairs in order to maintain the rink for 2 – 3 years; 53% of those who answered were in favor of this option. At the July 13, 2015 Parks and Recreation Commission meeting the members discussed this option and voted 5 – 1 in favor of this allocation of funds.
The Parks and Recreation Commission had further discussion on the options laid out in the survey for the long term plan for the rink. As you know, the citizens were asked if they were in favor of two other options, both of which would be paid for with special obligation bonds which would be paid back with the existing ½ cent parks and storm water sales tax. These options included:
C. Renovate the rink for an estimated cost of $3.5 million. D. Replace the rink with a multipurpose facility for an estimated cost of $6 million.
In spite of the fact that the results of the survey showed a higher preference for Option C (63% supportive) than Option D (49% supportive), the Parks and Recreation Commission voted 5-1 in favor of Option D.
If it is determined that the Board is in favor of these recommendations, staff will authorize the work that is necessary in order to open the rink in November. They will then begin preparing for construction that would start in March 2018. Design work, grant acquisition and fundraising by the Clayton Century Foundation would all be part of these preparations.
Recommendation is to approve the resolution authorizing the expenditure of capital funds to make repairs to Shaw Park Ice Rink this year and to direct staff to begin preparations for reconstruction of the Rink in 2018.
City Manager Owens pointed out that tonight’s key decision is to approve $200,000 for the rink repairs in order to open this upcoming season in November.
In response to the Board’s questions regarding the level of confidence to get three years after the $200,000 investment, Patty DeForrest explained that she met with State Mechanical, the contractor, who has inspected the three compressors and have assured her that they will last the next three seasons. She clarified that the third compressor has already been previously rebuilt and if it breaks down during the next three years it will not be rebuilt again, but the remaining two compressors will carry the rink until the end of the third season. She noted that there is also an annual budget of $40,000 for rink repairs and stressed that repair costs are estimated to be “up to” $200,000 and may not actually cost that much.
Alderman Berger commented that the rink attendance numbers were up well above average last season and he is supportive of the request. He also stressed the importance of public engagement prior to a decision to construct a new rink.
Alderman Garnholz expressed her concern regarding item #2 of the resolution and feels that it should be better clarified. She stated that the rink issue has been studied since 2007 and urges the Board to make a decision now for the future instead of continuing to talk about the issue and not do anything.
Alderman Lintz commented that he is in favor of the investment for repairs, but also he does not want the City to place a “band aid” on an ongoing issue, therefore recommends closing the rink.
Alderman Boulton commented that the survey data proved to show that a majority of the citizens are in favor of a new ice rink.
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Alderman Winings asked for clarification of #2 of the resolution. He said that the rink has been an issue for many years with no conclusion. He felt that the survey data was not as conclusive as he had expected, but it was clear that the community definitely wants an ice rink.
Michelle Harris, 36 Broadview, addressed the Board reading a statement (attached) urging the Board to vote tonight to keep the rink facility open for the coming season and to adopt a plan now for conversion to a year round multi-use facility.
Eric Schneider, Chairman, Parks & Recreation Commission, addressed the Board, stating that the Parks and Recreation Commission were all in agreement to support the $200,000 repair request and urged the Board to move forward to keep the rink open for the next three seasons and begin the construction process for a new rink facility.
Judy Goodman, Clayton Century Foundation, reminded the Board that the ice rink has been discussed since 2007 and at that time the City closed the rink at which they received a lot of backlash from the citizens. She urged the Board to not let that situation repeat itself and urged the Board to keep the rink open and prepare to move forward.
Alderman Garnholz moved that the Board approve Resolution No. 15-11, Authorizing expenditures for the repairs to the ice rink modified in item #2 as follows: “The City Manager is directed to prepare for Board of Aldermen consideration and public engagement a plan to commence construction of a new ice rink by the spring of 2018.” Alderman Winings seconded.
The motion passed unanimously on a voice vote.
A MOTION TO CONSIDER SETTING PUBLIC HEARINGS FOR CONSIDERATION OF THE PROPOSED PROPERTY TAX LEVIES FOR TAX YEAR 2015 (FY 2016) AND THE FY 2016 OPERATING AND CAPITAL IMPROVEMENT BUDGET
City Manager Owens reported that on July 2, under separate cover, the Board of Aldermen received the City Manager’s proposed Fiscal Year 2016 Operating and Capital Improvement Budget. The City has not yet received assessed valuation information from St. Louis County for calculating 2015 (FY 2016) property taxes, but is likely to receive this information any day. As part of the property tax and budget process, the Board is required to hold a public hearing to seek public input prior to formal adoption.
Staff is recommending that a public hearing be scheduled for August 25, 2015, at 7:00 p.m. at the regular Board of Aldermen meeting for both the property tax levy hearing and also the FY 2016 budget hearing.
Recommendation is to approve a motion scheduling a public hearing on August 25, 2015, at 7:00 p.m. to receive public comment on the proposed Tax Year 2015 (FY 2016) property tax levies and the proposed Fiscal Year 2016 Operating and Capital Improvement Budget.
Alderman Garnholz moved to set the public hearing date of August 25, 2015 to hear public comment on the FY2016 Budget and the proposed property tax levies for tax year 2015. Alderman Winings seconded.
The motion passed unanimously on a voice vote.
Other Alderman Boulton reported that she and Alderman Berger attended the Chapman Steering Committee meeting today and the consultants provided a rough design which they configured a way to implement sledding. She added that she visited Des Peres Park and recommended the Board to visit which will show the same function that is planned for Shaw Park.
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Berger added that he is very excited about the project and noted that the consultants were well-prepared.
Alderman Berkowitz said that he spent the last week or more in Manhattan and realizes it is what Clayton wants to be and we are close.
Alderman Berkowitz moved 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 Lintz seconded the motion.
Alderman Garhnolz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye.
There being no further business the meeting was adjourned at 8:15 p.m.
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Mayor ATTEST:
____________________________ City Clerk