April 12, 2022 — Meeting Transcript

Can anybody hear me? I can't hear anything. If the meeting's going on, I can't hear a thing. My speaker? How

about now?

Now I hear you. Okay.

We were muted, it seems. I wasn't. No, you weren't. It was something. It was on our end. On our end, yeah. Okay, so we're just going through the first item on the agenda, which is a public hearing about the planned unit development districts. Okay. Okay. All right, go ahead.

Okay, I'll start again at the beginning of that. This is a public hearing to solicit input regarding proposed amendments to Chapter 405, the zoning regulations, Article 10, Plan Unit Development District, to consider adopting an amendment regarding first floor uses within mixed-use buildings and clarify other provisions within the ordinance. The Board of Aldermen discussed the feasibility and impact of the requirement of first floor retail uses for all mixed-use plan unit developments, or PUDs, at the March 15, 2022 Board of Aldermens meeting. The PUD regulations currently state the first floor of any mixed-use building shall be dedicated to commercial land uses. The ordinance then defines commercial land uses as retail, restaurant, entertainment venues, etc., Under the current regulation, any first floor uses other than retail, restaurant or entertainment uses are prohibited. Given the board stated desire to align regulations with market realities and allow greater flexibility within mixed use buildings, staff has drafted revisions to the PUD regulations that would require commercial uses to be included on the first floor, but not require the entire first floor to be dedicated to commercial uses. This would allow office residential or other non-commercial land use categories to be considered as acceptable first floor uses in future projects. The revisions would give the Board of Aldermen clear discretion to determine a reasonable ratio of uses to be located within a mixed use PUD. In addition to the revisions previously mentioned, Staff has also taken this opportunity to clarify or restate other provisions within the PUD ordinance. These changes are not substantive, sorry, I can't read right now. And only intended to aid in the interpretation enforcement of the requirements. The plan commission considered this request at the April 4th, 2022 plan commission meeting and voted to recommend approval to the Board of Aldermen. Staff recommends that the Board of Alderman hold a public hearing and approve the ordinance.

OK. I will open discussion. Any discussion from our group? Any questions? We've gone over this quite a number of times, but still happy to entertain questions. None? None? Ira, you're good on this? Yes. Any questions?

Yes. No, I don't. We covered it in the ARB meeting as well, so I'm very familiar. Right. Good. Yeah.

And they were fine with it unanimously?

Anonymous vote of the ARB, yes.

Very good. And there are no hands up, right? Okay. All right. Then I will close the public hearing. Now, Ira, this is where you take over for Rich.

Well, okay. I introduced Bill No. 6894 in Amendment Section 405.1370. planned unit development districts to be read for the first time by title only.

Second. Second. Okay, great. Any other discussion right now? Okay, Mr. City Attorney.

Bill number 6894, first reading and ordinance amending section 405.1370 of the municipal code in the city of Clayton, Missouri regarding general requirements for planned unit developments.

All right, all those in favor say aye. Aye. Any opposed? All right. I

move

that Alderman Berkowitz, I was teasing, go ahead.

I move that the board give unanimous consent to consideration for adoption of bill number 6894 on the day of its introduction.

Second. All those in favor?

Aye.

Any opposed? Let the minutes reflect. The board has given unanimous consent Alderman Berkowitz. Oh, you cut out. I couldn't hear

you. I introduce bill number 6894, an amendment to section 405.1370, planned unit development district to be read for the second time by title only.

Second. Any discussion? All right. Mr. City Attorney.

Bill number 6894. Second reading and consideration for adoption. Oh, I thought the red meant it was on. No, that's okay. My apologies. Bill number 6894, second reading and consideration for adoption and ordinance amending section 405.1370 of the Municipal Code of the City of Clayton, Missouri regarding general requirements for planned unit developments.

Alderman Berkowitz.

Aye.

Alderman McAndrew. Aye. Alderwoman Patel. I'm sorry. Buse. Aye. Aldermen Patel. Aye. Alderman Gary Feder?

Alderman McAndrew. Aye. Alderwoman Patel. I'm sorry. Buse. Aye. Aldermen Patel. Aye. Alderman Fader?

Aye.

Mayor Harris?

Aye. Okay, next is the amendment relating to public benefits. Mr. City Manager.

This is a public hearing to solicit input regarding a proposed amendment to chapter 405 zoning regulations, article nine special development district related to the inclusion of an additional public benefit. Both the plan unit development district for PUD and special development district SDD regulations have requirements for the provision of public benefits in exchange for flexibility from traditional zoning restrictions. the current PUD regulations pertaining to public benefits consist of a point system with clearly defined public benefits and values for each enhancement. Whereas the SDD regulations do not consist of a point-based system, but instead list general acceptable public benefits. When the PUD regulations were revised in 2019 to allow for the current point-based system It included a point category for the enhancement of offsite city owned parks or public facilities and the installation of streetscape meeting city standards. The STD public benefits section does not does not make any specific reference to these types of enhancements or facilities. The Board of Aldermen discussed this discrepancy in January of 2022 and proposed legislation to add the following language to the list of SDD public benefits. And it reads as follows, enhancements to off-site city-owned parks or other public facilities, such as the replacement of recreation-related facilities or the installation of streetscape meeting city standards where none currently exists. The plan commission considered this request at the March 21st, 2022. Plan commission meeting had voted to recommend approval to the Board of Aldermen. Staff recommends that the Board of Alderman hold a public hearing and approve the ordinance.

Thank you. And I will just say that I have opened the public hearing and requested proof of publication as well. Any discussion?

I have one thing. I support the amendment that's proposed and just, I think that might've been a word or something missed in set A7 of this section 405 on page 14 of our agenda. Seven reads provisions for reduced sale or rental for percentage of the residential units to encourage the goal of affordable housing. Perhaps it was intended to mean provisions for reduced sale price or rents for a percentage of the residential unit. And that's something we had added

prior. So provisions for reduced sale price or rental

price

or rent. So we

clean up motion. Yes. Okay,

very good. Okay, you can make a motion then. Okay, very Good. All right. All right. Any other comments? Okay, I will close the public hearing.

I would like to... Go

ahead.

I introduce Bill No. 6895, an amendment to Section 405.1190 relating to public benefits and special development districts

Alderman Theta, do you have something before? I just

wanted to make a comment. I don't think it's for discussion tonight, but reading through this and I have no objection to what we're doing here. It does raise in my own mind the idea that we have a point system for the PUD and we don't have a point system. For the SSD. And it seems to me at this point, that's sort of an anomaly. We should have one or the other. So, but that's a topic I'm sure for another day, but as long as we're discussing it, I wanted to mention it.

Yeah. Okay, great. We can kind of put that on our list to look at later.

Yes. And that's something that was discussed at the plan commission as well at the meeting where STD was discussed. And when the commission had talked about it, I think we're all in a place where to this point in time, we've only had two projects come in under the PUD point system, Foresight Point and then Bemiston Place. And so The plan commission's viewpoint on it was, it's still relatively new. We're still working out kinks and making sure it works properly. We have three projects that have gone through community conferences that we expect formal applications on shortly. So let's see how those three go through the process. And if we need to make any other adjustments to the PUD system, then that would be the time. And then if it is working well, the way it's designed, then consider perhaps moving the SDV to a point system as well. Thank you.

Great. Okay, so we've had the motion, the bill introduced and we need a second.

Second.

Any discussion? All right,

Mr. City Attorney. Bill number 6895, second reading and

first

reading.

But wait, do we want to do her motion next or after you read it? We'll introduce

the bill and then amend

it. Can you just

tell me when? All right. Bill number 6895, first reading and ordinance amending section 405.1190 of the Municipal Code of the City of Clayton, Missouri, relating to public benefits in special development districts. Madam Mayor, I believe there's a proposed amendment to amend subsection seven of section 405.1190 to read provisions for reduced sale price or rent for a percentage of the residential units, et cetera.

And that's a motion. And do we need a second for that? So moved. Second. Second, thank you. All those in favor of the amendment? Aye. Opposed? All right. And then can we move on to the next thing or do we need to okay all right um go ahead alderman berkowitz

okay i move that the board give unanimous consent to consideration of adoption of bill number uh six eight nine five as amended by motion uh to subsection seven on the day of its introduction

second any discussion all right mr city attorney

Bill number one.

Well, okay. We just said the... Okay. Sorry, I skipped ahead, guys. Very sorry. All those in favor of the unanimous consent? Aye. Any opposed? Okay, let the minutes reflect. The board is giving unanimous consent. Now, Alderman Berkowitz. Sorry.

I introduced bill number 60... 6805... As amended by motion. As to subsection seven. An amendment to section 405.0.1190 relating to public benefits to special development districts to be read for the second time by Title IX.

Any discussion? Oh, second. Go ahead.

Second, I would just say bill number 6, 8, 9, 5. Yeah,

I was going to say, I think you said 6, 8, 0, 5, but it's 9, 5. And OK, I think

we're 6, 8, 5. I stand.

Yes, that's OK. Any further discussion?

All right, now Mr. City Attorney. Bill number 6895, second reading and consideration for adoption as amended. An ordinance amending section 405.1190 of the Municipal Code of the City of Clayton, Missouri relating to public benefits in special development districts.

Alderman Berkowitz. Aye. Alderwoman McAndrew. Aye. Alderman Buse. Aye. Aldermen Patel. Aye. Aldeman Bader. Aye. Mayor Harris.

Aye. Thank you. I look different, don't I? Okay. All right. Next we have the city manager's report.

On March 24th, 2020, the city of Clayton created the 7730 Bonham Community Improvement District or CID for the property located at 7730 Bonham Avenue, now operating as a La Meridian Hotel. The CID imposes an additional 1% sales tax on the hotel. The CID uses the revenues from the sales tax to reimburse the developer for certain eligible redevelopment costs. The CID is governed by a five-member board of directors appointed by the mayor with consent of the Board of Aldermen Only registered voters residing within the CID and authorized representatives of the property owners within the CID may be appointed to the Board of Directors. In this case, the developer is the sole property owner within the CID. The CID is requesting that Jennifer Metz, Taylor Umscheid, and Andrew Hargis be reappointed for four-year terms to expire March 14th, 2026. Staff recommends that the Board of Aldermen approve the appointments and the attached ordinance.

Okay, thank you. I'll open the discussion. Any questions or comments here? And no hands are up, I assume. So Alderman Berkowitz.

Introduce bill number 6896 to approve the appointment of the board of directors of the 7730 Bonham Community Approval District to be read for the first time by title only.

Second. Any discussion? All right, Mr. City Attorney.

Bill number 6896, first reading and ordinance of the city of Clayton, Missouri, approving the reappointment of certain board of directors for the 7730 Bonham Community Improvement District.

All those in favor?

Aye.

Opposed? Alderman Berkowitz.

I move that the board give unanimous consent to consideration for adoption of bill number 6896 on the day of its introduction.

Second. All those in favor?

Aye.

Opposed? Okay, let the minutes reflect the board has given unanimous consent.

I introduce bill number 6896 to approve the appointment of the Board of Directors of the 7730 Bonham Community Improvement District to be read for the second time by title only.

Second. Any discussion? All right, Mr. City Attorney.

Bill number 6896, second reading and consideration for adoption an ordinance of the city of Clayton, Missouri approving the reappointment of certain Board of Directors for the 7730 Bonham Community Improvement District.

Alderman Berkowitz.

Aye.

Alderman McAndrew. Aye. Alderwoman Buse. Aye. Aldermen Patel. Aye. Aldeman Gary Feder. Aye. Aye. Okay,

Alderman McAndrew. Aye. Alderwoman Buse. Aye. Aldermen Patel. Aye. Aldeman Fader. Aye. Aye. Okay,

Mr. City Manager.

Hey, the public works department is requesting approval of a construction contract for the fiscal year 2022 asphalt rejuvenation project with corrective asphalt materials LLC. This project includes the application of maltine based asphalt rejuvenator on the roads in Hillcrest, Wydown Forest and Morelands neighborhoods. as well as the Maryland Avenue, as well as Maryland Avenue and Brentwood Boulevard. Work is expected to take place over two to three weeks in the late spring or early summer of 2022. Bids were open on March 31st, 2022, and the city received one bid. Corrective Asphalt Materials LLC submitted the lowest responsive responsible base bid in the amount of $179,927.00. While only one bid was received, staff did check with some surrounding municipalities as well as compared it against our unit costs from 2017. Other municipalities have also received single bidders for similar work and the bid was found to be comparable to those cities. Public Works also solicited alternate bid A which includes the privately maintained portions of Aberdeen and Arundel and Hillcrest neighborhood. As the purpose of this ad alternate is to establish unit costs for a separate contract with the Hillcrest Neighborhood Association, Public Works will be rejecting this ad alternate bid for the city's portion or the city's contract. The total recommended award amount is for the base bid is $179,927. This is approximately $3,000 above the projected cost. However, the Capital Improvement Fund has adequate funds for this activity in fiscal year 2022. Staff recommends that the Board of Aldermen approve the ordinance authorizing a contract with Corrective Asphalt Materials LLC amount of $107,927 for a fiscal year 2022 asphalt rejuvenation project. If anyone has any questions about the project or the contract, Mr. Matt Malek, our director of public works is here this evening.

Hey, Matt. Do you all have any questions up here? None. I have a couple. I just thought since you wore your tie, I should ask you something. Looking good. Have we done this process before?

We have in 2017 was our first application of it.

And that held up.

Yeah, they were making sure our microphone was on. I understand. Yes, it's performed well. It's a product we put at the top of the degradation curve of pavement. It tightens up the asphalt and prevents future cracks. And we're hopeful that with continued application of this as part of our toolbox of pavement management tools, we can extend the life of pavements and have cost reduction over the life cycle.

Is this just like a sealant or something that we put on? Can you see it? Is it black? Is it clear? How does it go on?

It actually goes down in kind of a pinkish color. As it dries within about 10 minutes, it becomes clear. It'll be tacky. They put asphalt screenings, or I'm sorry, limestone screenings down for traction for the day and they'll come back and sweep them up the next day. But it's clear and basically not noticeable. Yeah,

okay. All right, great. Any other, no other questions? All right. You got off easy that time. All right, Alderman Berkowitz.

I'd like to introduce bill number 6897 to approve a contract with Corrective Asphalt Materials LLC for the Asphalt Rejuvenation Project to be read for the first time by title only.

Second. Any discussion?

Mr.

City Attorney.

Bill number 6897, first reading, an ordinance approving a contract with Corrective Asphalt Materials LLC for the fiscal year 2022 asphalt rejuvenation project.

Excuse me, all those in favor? Aye. Any opposed? All right, Alderman Berkowitz.

I move that the board give unanimous consent to consideration for adoption of Bill number 6897 on the day of its introduction.

Second. All those in favor?

Aye.

Any opposed? Let the minutes reflect the board is given unanimous consent.

I introduced Bill number 6892 to approve a contract with corrective asphalt materials LLC for the asphalt region rejuvenation project to be read for the second time by title only.

Second. Any discussion? All right,

Mr. City

Attorney.

Bill number 6897, second reading and consideration for adoption, an ordinance approving a contract with Corrective Asphalt Materials LLC for the fiscal year 2022 Asphalt Rejuvenation Project.

Alderman Berkowitz?

Aye.

Alderwoman McAndrew? Aye. Alderman Buse? Aye. Aldermen Patel? Aye. Aldemans Bader? Aye. Mayor Harris?

Aye. Okay, I think that concludes our business. If we'd like to have our go around, we can start with Alderman Berkowitz and want to tell us about the last couple weeks for you.

Well, we had an ARB meeting and there was absolutely really nothing to report of any significance. So I'm going to pass.

Okay, very good.

Susan and I had a parks and rec meeting last week, and we discussed the master planning process and delaying it a year. We also talked about the ice rink and how the demolition is going to be delayed for some time till after the swim season. But overall, it was a great meeting and the commission was supportive of the fact that we are deciding to just delay the project for a year.

Okay, very good. Alderman Buce.

I'll just piggyback on that a little bit. It was a good meeting and there was support. And I think there is concern is expressed as well, or just hope that there'd be good communication going forward. So if everyone in the committee knows what's going on with the parks because of the support for the development of the ice rink and everything else. And if we keep people abreast as it happens, to our benefit. So I think that's in the works anyway, but the commission did talk about that. We also had an equity commission meeting and probably the, there's a lot of, there's some business things going on there, you know, change of leadership and getting up like that. And we also had our County representative show up and talk about he's, he acknowledged that he received a letter from this board and from the commission asking for amendment or removal of the county sign that's in the middle of downtown Clayton and that it has been seen by the right eyes, but they have a whole queue of things like that that they're addressing. And his best guess was that it would be addressed sometime in August, about timeframe, something like that. That's

sooner than I was thinking. That's good. Oh, we'll see.

Right. Yeah. And he also shared with us some of the things the county is doing and what we might want to implement or work with the county in taking steps to achieve the whole welcoming community idea. So hopefully there'll be more partnership going on with that as well.

Well, keep us informed about what those things are. The same, yeah. Okay, very good. Alderwoman Patel, anything from you? Thanks,

yeah. I've had a fun couple of weeks. I feel like there's been a lot going on. I got invited to the Sonia Sotomayor events, some of what WashU had there. And she talked a lot about the importance and value in public service, which was especially meaningful. And it was a great opportunity to meet other like local leaders who I some who I had not met before so thanks always to wash you for, you know, including us in some of their events and being such a exciting member of our community that was really awesome. And then earlier this week, I saw a project that was done in St. Louis City. It was on Hamilton north of Del Mar and it was asphalt art. So a local group was painting on the streets and they were doing it in a way that looked like traffic calming to me. And so I asked the organization about it. I got in touch with, it was St. Louis Artworks, which was a new organization for me to learn about. But they've been around for more than a handful of years, I think. And so they had been commissioned by this neighborhood and got a grant from Bloomberg to at least partly fund this project to paint the streets in a way that encourages traffic calming. And I thought it was particularly cool given some of our efforts and some of the interest in our community around traffic calming. and um and the fact that painting on the street is not obtrusive right from uh in terms of like infrastructure and you know you could still theoretically park on top of it and things like that so i thought it could be something really interesting for us to explore as an option to offer to neighborhoods that take us up on that process for traffic calming. So also it's just a really cool organization. They actually bring in teens from the city and the county to work for them and actually get stipends. They treat it more like employment than an educational program. And they can be commissioned to do any kind of art project, like, for example, painting utility boxes or other things that you might have that would want to be beautified. So I think it could be something really interesting for us to... to consider an organization for us to consider partnering with or working with in the future. So. Great. That's

a great idea. Yeah. Yeah. Thanks. Alderman Gary Feder, anything?

a great idea. Yeah. Yeah. Thanks. Alderman Fader, anything?

Alderman McAndrew and I went to the Barkley house and we had about 25 residents there who asked us a lot of questions for about 45 minutes, maybe an hour. So not just about the ice rink, although they were very interested in that. Um, Pati DeForest, Tony Searing, Alex Elmstead from CCF and I met with Bob Chapman. to talk about what I guess has been an issue with the corner of Chapman Plaza, because the impact of winter weather is such that you really have to turn the fountain off right before Thanksgiving and can't put it back until April. And I think various efforts to try to do something at the corner have gotten sort of mixed reactions. And so as a CCF project, There's an effort underway to design or have designed a sculpture piece that would essentially fit onto the sculpture, onto the fountain there for that period could be fairly easily installed and taken down. And so we wanted to make sure that Bob Chapman was okay with that since He's been the major contributor, and he was very happy with it. We're continuing to work on it with CCF. And of course, the good news, I think it'll be a permanent installation for those four or five months and at no cost to the taxpayers since it's all part of the original Chapman Foundation gift. And finally, I just, aside from enjoying our event on opening day today, It so happened, as the board members know, we all received a gift package from the Kol Nidra, called Rina Congregation, which is the first really Jewish synagogue in Clayton maybe ever. And when we got the basket, I sent a note to the executive director thanking her and mentioning that since I had worked on the project for many years as a lawyer, that I'd never had a tour since it was opened. And so she very kindly invited me over there. And it's a great facility, but I think the point that struck me was, Part of the facility is the Monica Neidorf Early Childhood Center, which was named in her honor. She's unfortunately deceased. And so it really struck me the irony that when I got home, literally five minutes afterwards, I saw that Michael Neidorf had passed away. So it was a touching moment. And as we say in the Jewish faith, may his memory be for a blessing. Thank you.

Thank you. I do not have anything in particular. I just echo Becky's comments on the Washington University event with Justice Sotomayor. It was really, really great to be there. And she did such a great job of interacting with all the many students. There are probably, I'm not good at guessing, 500 at least, maybe 1,000 students in the auditorium and plus a few of us others. It was great to... hear what she had to say. She's quite a character. I will say there was a little reception afterwards and there were quite a few dignitaries there, but everybody was very, very positive about Clayton. Couldn't say enough good things about it. The justice herself couldn't say enough good because she'd been toured through Clayton and everything been pointed out to her in Clayton. And so she complimented us and said we had a great city and we're doing a great job. So just sharing that with you. Okay, anything else from you, Mr. City Manager?

I would just mention that the Friday strategy session for April that was scheduled for this Friday, April 15th has been canceled. So anybody watching that was planning on watching that, it has been canceled.

Okay, very good. Okay, I think with that, we're ready to adjourn into closed session. And Alderman Gary Feder, could you do us the honor?

Okay, very good. Okay, I think with that, we're ready to adjourn into closed session. And Alderman Fader, could you do us the honor?

Yes, I'd like to move that we hold a closed session with a closed vote and record for one or more of the reasons as authorized by Section 610. section, subsection 021, subsection one, two and three of the revised statutes of Missouri relating to legal issues, real estate and or personnel negotiation of a contract pursuant to section 610.021, subsection 12, revised statutes of the Missouri proprietary information pursuant to 610.0 21, subsection 15, and or information related to public safety and security measures pursuant to section 610.021 subsections 18 and 19 of the revised statutes of Missouri.

Mr. Gary Feder, if I may, I admire your comprehensiveness, but could I ask you to include subsection 610.0229 concerning negotiations with employee groups?

Mr. Fader, if I may, I admire your comprehensiveness, but could I ask you to include subsection 610.0229 concerning negotiations with employee groups?

would be a fine addition, Mr. McHugh. Thank you, sir.

I second that motion. Thank you. Alderman Berkowitz? Aye. Alderwoman McAndrew? Aye. Alderman Buse? Aye. Aldermen Patel? Aye. Aldeman Gary Feder?

I second that motion. Thank you. Alderman Berkowitz? Aye. Alderwoman McAndrew? Aye. Alderman Buse? Aye. Aldermen Patel? Aye. Aldeman Fader?

Aye.

Aye.

OK, we are adjourned into closed session. I'm turning off my mic.