June 27, 2023 — Meeting Transcript

Well, welcome everyone. We are glad to see some spectators and some other members of the audience here in person. And we may have some people online. And so I will open our meeting of June 27th. And will the city clerk call the roll?

Just making sure Becky's not in there.

Oh, okay.

Alderman Berkowitz.

Here.

Alderman McAndrew. Here. Here. Alderwoman Patel. I mean, I'm sorry. Alderwoman Buse. Here. Alderwoman Patil. Here. Alderman Rick Hummell. Here. Mayor Harris. Here. City Manager David Gipson.

Alderman McAndrew. Here. Here. Alderwoman Patel. I mean, I'm sorry. Alderwoman Buse. Here. Alderwoman Patil. Here. Alderman Hummel. Here. Mayor Harris. Here. City Manager Gibson.

Here.

City Attorney Carr. Here. Thank you.

Okay, now's the time in our agenda when we ask for public requests and petitions from the audience. If you have a question or a topic that is not on our agenda tonight, now's your chance to bring it up and address the board. Is there anybody that would like to speak to the board on something that is not on agenda tonight? Okay, yes. Okay, very good. If you will make sure the green light is on, press the button and then tell us your name and your

address. I didn't know I'd have an opportunity to speak but I wish I had made you pictures of the house that's being built behind me and the weeds that are up to here and the mud that rolls into my swimming pool and the mud dams that aren't there and the Tyvek that's flapped for the past month and a half. And, um, so I just thought I would mention all that and, um, 81 16.

I've spoken to a number of people here. Yeah. And I guess I would say the last thing

is, is that really what you all want? I have now a two and a half story house looking into my swimming pool. Um, I think about how many people want to live in Clayton, and it was people who had these nice homes in Clayton Gardens that made people want to come here. And now you're just tearing those down left and right and allowing people to get away with just absolute murder. So, you know, I'll have to sell because I don't want somebody looking into my swimming pool 24 hours a day. And I came here and I asked you to limit the size of the windows and the doors that were back there. but nobody was interested in that. So thank you for the time. I don't imagine it'll change anything, but thank you. Thank you.

Anyone else have a comment or question for the board? All right. Moving forward then, we're going to open the public hearing for... Actually, we're going to do Forsyth Boulevard first. So anyway, I will open the public hearing and request proof of publication for the lot consolidation at 8220-8260 Forsyth Boulevards.

Yes, Mayor. This is a public hearing for a subdivision plat or lot consolidation. On June 14th, 2022, the Board of Aldermen approved the rezoning plan unit development and lot consolidation plat for the subject properties, which are 8220 through 8264 Site Boulevard. Conditions of the consolidation plat included that the mylar was to be recorded within 30 days of Board of Alderman approval. The developers did not close on the sale of the properties within this time. It did not complete the recording of the plat. The previous approval of the plat has expired and the applicant is requesting approval again. The proposed plat and associated development have not changed since the previous approval. The plan commission considered this request at its meeting on June 20, 2023, and voted unanimously to recommend approval to the Board of Aldermen. Staff recommends that the Board of Alderman approve the Souther Vision plat with the conditions set forth in the ordinance for adoption.

Any questions from our online audience

or our audience here? I know the developer is here. Would you like to address us in any way?

Thank you all for taking a look at this. This was an issue of timing, and we are prepared to close on the property, and now we'll record the plot if approved. And if there's any questions from anyone, I'd be happy to answer them.

We know you, but can you go ahead and state your name and everything for the record? Steve Method, 24 Berkshire Drive. All right. If there's no discussion, Alderman Berkowitz? Oh, I need to close the public hearing. Sorry, I'll close the public hearing

I introduce Bill No. 6982 to approve a lot consolidation plat for 8220-8260 Forsyth Boulevard to be read for the first time by title only.

Second. Any discussion? Ms. City Attorney.

An ordinance providing for the approval of a plat to consolidate certain property addressed 6220 and 6260 Forsyth Blvd in the City of Clayton, Missouri.

Right. All those in favor? Aye. Opposed? All right. Let the minutes reflect. The board is giving you, oh wait, Alderman Berkowitz.

I move that the board give unanimous consent to consideration for adoption of bill number 6982 on the day of its introduction.

Okay. Second. Okay. All those in favour?

Aye. Any

opposed? Let the minutes reflect the board has given unanimous consent.

I introduce bill number 6982 to approve a lot consolidation plot plat for 8220 8264 side boulevard to be read for the second time by title only

second any discussion. All right, Miss City Attorney.

An ordinance providing for the approval of a plat to consolidate certain property addressed 8260 Forsyth Boulevard in the city of Clayton, Missouri.

Alderman Berkowitz. Aye. Alderwoman McAndrew. Aye. Alderman Buse. Aye. Aldermen Gary Feder.

Alderman Berkowitz. Aye. Alderwoman McAndrew. Aye. Alderman Buse. Aye. Aldermen Fader.

Aye.

Aldeman Rick Hummell.

Aldeman Hummel.

Aye.

Mayor Harris. Aye. Thank you.

Okay. Okay. Next would be the rezoning for Merrimack and Pershing. And so I'll open that public hearing and request proof of publication.

Yes, this is a request for a public hearing for review and consideration of the rezoning and related plan unit development for proposed mixed use development. The rezoning plan unit development and subdivision plat are being addressed together in this report, though the plat and land use elements entail separate ordinances on the board's agenda. The project received architectural review board approval and the plan commission recommended approval of the site plan lot consolidation rezoning and development plan on June 5th, 2023. The 63,112 square foot site includes four parcels located on the Northwest corner of the intersection between North Merrimack Avenue and Pershing Avenue. The properties along North Merrimack have a zoning designation of C2 General Commercial. The parcel address 8015 Pershing Avenue has a zoning designation of R4 Low Density Multiple Family Dwelling District. The site is currently vacant with the exception of a one-story building and parking lot on Northern Parcel. The proposed project consists of the demolition of the existing building, consolidation of the lots and construction of a six-story mixed-use building with retail, apartment and parking uses. The proposed development includes construction of 145 apartments, 1,000 square feet of retail and 194 parking spaces. Off-street parking is provided for the uses and an attached parking garage. The building will total just over 252,000 square feet. The total height of the new structure is measured from the average existing height to the top of the roof is 71 feet. Access to the parking garage is proposed off of North Merrimack Avenue. Pedestrian access to the retail space and residential entrance is located at the intersection of Pershing and North Merrimack. Some of the residential units will be accessible from inside the building and from the exterior along the east and west sides of the building. City standard streetscape will be installed along the project limits. The downtown standard streetscape is proposed along North Merrimack Avenue, wrapping around the southern corner. Streetscape along Pershing will transition to the residential standard with a tree lawn. A mixed use PUD must contain a reasonable ratio of areas devoted to distinct land use categories as determined by the Board of Aldermen and the exercise of its legislative discretion. The subject properties and proposed development meet the minimum requirements for a mixed use PUD. Staff is of the opinion that the development contains a reasonable ratio of commercial and residential uses. A PUD must provide public benefits to the surrounding neighborhoods and to the city of and beyond what can be reasonably achieved by application of the zoning provisions of the original zoning district. The Board of Aldermen may approve alternatives to the zoning regulations, subdivision regulations or design standards applicable to the property proposed to be rezoned to a PUD in exchange for developer provided public benefits. All PUDs shall provide at least one public benefit or combination of public benefits that total at least 10 points beyond those additional points required for any desired code alternatives, even if no code alternative is requested. After the minimum 10 points are achieved, the developer shall provide a public benefit or combination benefits totaling at least five points for each code alternative requested. The project seeks relief from certain development standards that are set forth in the current C2 zoning district. The total number of public benefit points required to be achieved as a result of the requested modifications for this project is 30. A table containing the required number of points along with the requested and recommended public benefit points was included in the packet. The proposed development would provide mixed-use development at a vacant corner on North Merrimack Avenue. The development aligns with the vision of the Downtown Master Plan by increasing density in the Merrimack Gateway District, contributing a mix of uses providing street activation and contributing to streetscape improvements. Staff is of the opinion that the proposed development conforms to the requirements of a PUD and provides an appropriate amount of public benefit. Staff recommends that the Board of Aldermen approve the rezoning and planned unit development per the required development commitments set forth in the Ordinance Exhibit C, Merrimack-Pershing PUD document. Staff also recommends that the Board We do have the developer here this evening, as well as Anna Krane, our director of planning and development services. Should the board have any questions?

Yes, this is a request for a public hearing for review and consideration of the rezoning and related plan unit development for proposed mixed use development. The rezoning plan unit development and subdivision plat are being addressed together in this report, though the plat and land use elements entail separate ordinances on the board's agenda. The project received architectural review board approval and the plan commission recommended approval of the site plan lot consolidation rezoning and development plan on June 5th, 2023. The 63,112 square foot site includes four parcels located on the Northwest corner of the intersection between North Merrimack Avenue and Pershing Avenue. The properties along North Merrimack have a zoning designation of C2 General Commercial. The parcel address 8015 Pershing Avenue has a zoning designation of R4 Low Density Multiple Family Dwelling District. The site is currently vacant with the exception of a one-story building and parking lot on Northern Parcel. The proposed project consists of the demolition of the existing building, consolidation of the lots and construction of a six-story mixed-use building with retail, apartment and parking uses. The proposed development includes construction of 145 apartments, 1,000 square feet of retail and 194 parking spaces. Off-street parking is provided for the uses and an attached parking garage. The building will total just over 252,000 square feet. The total height of the new structure is measured from the average existing height to the top of the roof is 71 feet. Access to the parking garage is proposed off of North Merrimack Avenue. Pedestrian access to the retail space and residential entrance is located at the intersection of Pershing and North Merrimack. Some of the residential units will be accessible from inside the building and from the exterior along the east and west sides of the building. City standard streetscape will be installed along the project limits. The downtown standard streetscape is proposed along North Merrimack Avenue, wrapping around the southern corner. Streetscape along Pershing will transition to the residential standard with a tree lawn. A mixed use PUD must contain a reasonable ratio of areas devoted to distinct land use categories as determined by the Board of Aldermen and the exercise of its legislative discretion. The subject properties and proposed development meet the minimum requirements for a mixed use PUD. Staff is of the opinion that the development contains a reasonable ratio of commercial and residential uses. A PUD must provide public benefits to the surrounding neighborhoods and to the city of and beyond what can be reasonably achieved by application of the zoning provisions of the original zoning district. The Board of Aldermen may approve alternatives to the zoning regulations, subdivision regulations or design standards applicable to the property proposed to be rezoned to a PUD in exchange for developer provided public benefits. All PUDs shall provide at least one public benefit or combination of public benefits that total at least 10 points beyond those additional points required for any desired code alternatives, even if no code alternative is requested. After the minimum 10 points are achieved, the developer shall provide a public benefit or combination benefits totaling at least five points for each code alternative requested. The project seeks relief from certain development standards that are set forth in the current C2 zoning district. The total number of public benefit points required to be achieved as a result of the requested modifications for this project is 30. A table containing the required number of points along with the requested and recommended public benefit points was included in the packet. The proposed development would provide mixed-use development at a vacant corner on North Merrimack Avenue. The development aligns with the vision of the Downtown Master Plan by increasing density in the Merrimack Gateway District, contributing a mix of uses providing street activation and contributing to streetscape improvements. Staff is of the opinion that the proposed development conforms to the requirements of a PUD and provides an appropriate amount of public benefit. Staff recommends that the Board of Aldermen approve the rezoning and planned unit development per the required development commitments set forth in the Ordinance Exhibit C, Merrimack-Pershing PUD document. Staff also recommends that the Board We do have the developer here this evening, as well as Ana Crane, our director of planning and development services. Should the board have any questions?

Okay, thank you. I'll open the discussion. First, I'll just ask if there's anyone in the audience, either here or online that would like to ask questions or have any comments. I see none. I will open up for board discussion. You're here. Do you want to address us or just answer questions? What's your preference?

As long as the mic's here, Michelle. Is it on? It's on, right? I think it's on. Yep, green. I'm Jason Braidwood with developer 222 South Central. I just want to echo what a pleasure it's been to work with your staff and the planning commission and really our neighbors. We have gone through a lot with the building, but it's been really a collaborative process. Our architects are here to answer any questions you may have as well, but it's gone from a a building that was consistently as high as the commercial building next door. And now it's stepped down to the north and that was stepped down to the west. So I just want to thank you guys and we're here for questions.

Okay, very good. I might ask just our alderman liaison to the ARB to comment first on how that went and how that vote went and et cetera.

PB, Sarah Silver II.: : Sure mayor yeah I would say that. PB, Sarah Silver III.: : You know, and Gary is welcome to comment here to you know this process, it has been a long process, you know the building looked very different. PB, Sarah silver II.: : You know more than a year ago I can't remember when it was initially brought to the neighborhood. It was very high. There have been multiple neighborhood meetings. I believe, you know, even before there was a formal application, the developer met multiple times with neighborhood groups, whether it was the condominium building especially, who's I think probably most affected by this immediately to the west. They had multiple meetings with them, one in which Gary and I attended and just sat and listened. And I think after some of those meetings, a new building kind of came forward. And I think most importantly, I think they did listen to the neighbors. There was certainly concern about, originally there was a garage opening on Pershing and we all know all the streets in Clayton, but if you've been over there recently, Pershing right there is a very, very narrow street. And already the office building immediately to the north, or I'm sorry, south, you know, their garage comes out there too. So, you know, so they definitely listened there. So the only opening to get into their building is along Merrimack now kind of in that corner over on the, I guess that's the north side. Um, that comes out of Merrimack. So I think that was certainly a relief and there's also a condo building that of course will be affected too. That's on the other side of Pershing. Um, but I think because of that, when the developer, um, and the architects came back to the neighborhood back in, again, I don't know why I can't remember months and dates, but I think when it came back, I think there was a lot of relief from the neighborhood that the building had stepped down significantly. so that it wasn't towering over the properties on Brentwood. At the plan commission meeting, the building was very well received by the plan commission. Um, there was not really any discussion or disagreement about the points that the staff had, um, provided in the analysis. Um, I will just say that, um, a few points that I had and the developer can comment as well. Some of the things that I was most concerned about, you know, I think this is, you know, they're really abutting a residential neighborhood. So I am concerned about, you you know, other places for construction workers to park. I don't want people parking up and down Pershing and Merrimack. So it is my understanding that they'll have, you know, an outside, I don't know if they're going to bus people in or, you know, if there's a lot down the street at the church, but somewhere for construction workers to people aren't parking up and down Brentwood in front of the condominium and apartment buildings. You know, I think one of the things too that the plan commission talked about as well was everybody found it to be a very attractive building. So they were very comfortable and I think some of them would have given more points for that architectural distinction aspect because I think when you think about What can go on this site? It's not a big site. You know, we can't have, you know, a beautifully tall, whatever you, I mean, whatever might be architecturally distinct, but I think it fits in with the neighborhood, you know, it fits in with surrounding buildings. So I think it is very architecturally attractive for the site. So I think, like I said, the plan commission, I think would have given more points potentially in that area. The landscape architect on the plan commission, Carolyn Gatiss said that they really did go above and beyond for some of the open spaces related to the vegetation that it was just especially nice. So I think there's possibilities to, you know, if there was a point to be had perhaps increasing it there. I was also one of the things that we also talked about was there will be that commercial space that gathering space at the corner of Pershing and Merrimack. And I think we all know what some of our other open retail spaces look like. And I was happy to hear from Jason Braidwood and from Mark Rubin that they planned to program that themselves. So whatever it takes the form as, whether it's a coffee shop or wines, yeah, if you want to come up, yeah. But I was happy to that they wouldn't be necessarily bringing somebody in. so that the retail space wouldn't be vacant for two years before we see anything.

Yeah, so we have been speaking with somebody. It's a restaurant that all of you know, and I'm sure the neighbors will be very happy. But your point, I think, is that let's just say it doesn't work out with the third party. We are committed to activate that corner for the public, period. So we try to do that a little bit with Clayton on the Park. And I think this one will be more formal. You know, a liquor license is probably not something that we would take on, but certainly a coffee and breakfast type of spot is what we would commit to. And we'd have like the Ferguson family or someone with qualities coming and do that. But we do have, I think, a letter of intent and lease in the making that I think everyone's going to be really happy with.

Perfect. Great. Thank you.

I mean, I'm happy to ask for, you know, answer any other questions, but I will just say it was very very well received the plan commission and the architectural review board

great thank you for that great report um anybody i'll just go in order of seniority any comments or questions about this

yeah i uh i had i was on the arb for the first rendering of this project and obviously you were panned pretty good starting with the chairman who was who was not exact, didn't pull any punches. And I was glad to see that. I am really glad to see what you turned it into. Very, very, very happy to see what you did to really accommodate almost every comment that we had at the time. So yeah, I don't really have any questions. I'm happy with what you're proposing and I'm glad you're doing it.

Super. Alderman Buse, do you have any comments or questions?

Yeah, just a couple. It seems that it is well received by the neighborhood and that the opening in the green spaces and all that seemed great, that it sounds like an exciting project. But of course, I've got a couple of things looking through this. I think there was a comment on the two affordable housing units and the staff recommendation on making that a minimum number and having the requirements agreed to where you all is that something that you all are agreeing agreeable to or

we have yet to work with staff on actually the parameters around that i think what's been discussed again verbal is an 80 of ami what that constitutes as a county-wide as a census tract those kind of details we're happy to work with okay so that's something that you anticipate coming together with. Yeah, we'll have to get those details down. And I don't know the regulation behind that. I'm not sure if we'd work with the city to make sure that two are always set aside, but it would really just be between us to make sure that that gets-

We'll just verify it on a change of- And then none of two and everything else. Okay. Right. We'll do it at that point in time. And the table in here has the detailed calculation on how we come up with the 80% of AMI and then how we actually get to the end rate based on that 80% number.

And then my other question, when it talks in here about a sustainability topic and you're looking for the silver lead level, and of course, and I want to say, why not gold? And as you do this, are you all looking to get as many of those attributes in there as you can possibly do? Or is the cost, do you think that silver is where you guys are going to land?

We're not there yet.

Okay.

It's, you know, you can, I'm going to let Joel speak to this, but, you know, the certification process, it's not, it's cumbersome to certify, but it's not crazy to get LEED certification level just by being within an urban area. So some of the energy-saving items and maybe some of the landscaping for natural plants and whatnot, I think we can probably get silver pretty easily, but we're not at the detail level I'm not even sure what we would do that would stand out to you in that regard, besides maybe using recycled material for the building itself. That's one that stands out. Do you have anything programmed right now that would go beyond silver? This is Joe Foose with Trevor's.

Sure. My name is Joel Foos with Trivers, architecture firm. To answer your question, fortunately, as you guys probably know, developing in an urban area such as this, it almost gets you to that lead point, that silver level almost out of the gate. Getting to that next point, especially on mechanical systems, is a lot of times a challenge. energy codes that you guys have adopted are starting to push those a little bit higher and higher. So you're getting that energy efficiency out of the envelope. And in a lot of these types of projects and saving that energy, a lot of it happens within the envelope itself. So we energy model all of our projects and we look at that to find ways to reduce the window to wall ratio or work with that in order for those to be more energy efficient. But kicking it up to a gold level, there are certain other conditions that come into play that add another level of cost to the project from that standpoint. We would love to push it. I know the ownership wants to do sustainability in their work, but there always is an added cost to that, especially in the multifamily development.

Right. And with no engineering background, whenever I see a property that is you're digging deep and everything else, I always think, well, why not geothermal? Why not these things? I know that it, that, that sounds great in theory and not always in practice, but if the awareness is there as a project is done, that would be great. And the rain gardens and the educational part of it are phenomenal for the neighborhood.

The stuff you can see and touch and experience. Yeah, certainly.

And on the same topic, not so much for that. Do you have bike stations anywhere? I know there's an EV charges and all that. I didn't see in there. We

do. We try to locate that bike parking in an accessible place close to the lobby. We feel that that fosters a, you know, a dialogue with bike riders and people coming in and out of the building and using bikes as a a very easy means of transportation so they can leave their cars in the garage and not come in and out. So yes, that's immediately off of the residential lobby on the first level.

Okay. And then you're talking about using native plants and adaptable trees and things. Is that pretty much all of your landscaping? It doesn't give a quantity or is

that... Our landscape architect, I don't think she is on tonight. We definitely tend towards land natives and anything that thrives in our Midwestern environment. So that's definitely the way we lean with it for sure.

Easier to maintain too and keep going.

Certainly.

Yeah, I guess that's all I wanted to know if it sounds like a great project.

But we've been comparing it to, and I believe our landscape architect did Cortex, right? The Cortex Commons, where it's a lot of natural plannings around where the walkway is to the west of the main 4210 building or 4240 building. That's kind of what we're envisioning for the parts being to the west of our building. So natural... pretty not overgrown, but yeah, I mean, less landscaping in terms of if you picture like a lawn that requires a lot of inefficient maintenance.

And the permeability focus too. I mean, you are taking up a lot of space with building. So lots of areas of Clayton do have trouble with water. So it's great that those aspects are included in here and valued in the work that you're doing. So thank you.

Great questions. Thanks. Alderman Gary Feder, anything?

Great questions. Thanks. Alderman Fader, anything?

I remember when I was first on the board and we had our coffees at Starbucks, we had a few people who would come to the site to the meeting and say, what about that site at Merrimack and Brentwood and Pershing and what's going on there? It's been sitting there forever. It looks terrible. So. Just the fact that somebody wanted to do something seemed to be a good idea. I will say we probably got one of the biggest attendance ever when the very first plans came out. People were unhappy about any number of things, and I think Bridget and I both said, look, let's work through the process. It's not going to look the same at the end as it does in the beginning, and kudos to Jason and the rest of the crew because I think We have this community conference concept, but you guys really went way beyond that in terms of reaching out to the neighbors and responding. And so I think it's a terrific project. I'm just a little curious because I never quite understood the townhomes concept. and how that relates to the apartments. And I wouldn't ask except someone on, you know, the Bible next door. I think someone today said, hey, what's the deal with the townhome? So what's the deal what the

townhomes?

So the deal with the Townhomes is they're really quite, I think, kind of the best of both worlds. I think you get that access that you can walk along Merrimack, come in your front door as you would in city location. You have a front stoop, you have a front porch and you walk in, you've got a living space and a bedroom on that first level. And then you have a stair that connects you to additional two bedrooms and bathrooms on the second level. What's also advantageous is that you can walk in and connect to the garage, and you can essentially park right by your back door off of the inside in a secure parking environment. So you do have this home type of environment in a two-story space, but you also have that walkability, that convenience, and also a vehicle right outside your

But these are still leased units?

Oh,

yeah.

Yes. These are our three-bedroom apartments. Now, the reason that they start this way, yes, they're marketable, very marketable. But they cover the parking. So when you build... like this building over here, it's called a podium, right? You have a lot of concrete and then you go wood above it. There's going to be some parking on that first floor. And obviously the neighbors, the city, us, we really want to screen that as much as possible. So townhomes or at least front facing like that are a great way to kind of hide that parking and then give them a front door too.

That's all. Thank you.

Okay. Alderman Hall.

I just have comments, no questions. I think it's very attractive. I think the design fits great into the neighborhood. And I thought your package was terrifically prepared. So thank you for that.

Okay, very good. I think it has all been said. So I would be repeating something if I said anything. So thank you all for all of your comments and questions. And I am very pleased to see this project finally coming forward like this. I'm going to close the public hearing. Did I want to say what? I think I asked if there was anyone in the audience and anyone online that wanted to talk or ask a question about this project, but just in case I didn't. And actually now we do have someone. Okay. Okay. Carolyn, would you like to

address us? Hi. Hi. I know everybody's heard from me several times, but obviously this is a huge project for our family because we face right into the construction site. That's our biggest outdoor space is right where these town homes will face. So Jason has been very helpful walking us through the process, but we still have some questions about what's gonna happen with that space in between concerning landscape, because I think we've identified some of the trees as things that we might not really want to have that close to our deck because they're so large and they have droppings and things like that. So my first issue is, do we still have a chance to address this and make sure that we get an appropriate thing? I believe we do, but I just wanted to ensure that.

Jason is nodding, but would you like him to address you?

from our perspective absolutely i want to make sure that the city is okay with the process if we were to swap things out i we've met with on up several times on this so the ship is certainly not sailed with species um that area is you know how many townhomes four five five town homes and then a lot of neighbors and we're doing this for the neighbors so we we really want to do whatever they would like to make that perfect landscaping list

yeah so long as the tree is on the same list as the one that's on the plan that we have the discretion there

okay it sounds like it's going to be addressed

Yeah, and then the other just two issues. One was possibly consolidating that sidewalk in the back because we have one sidewalk and then this would be right next to it. And whether or not the one can be taken out and then just having one like wider sidewalk between the two buildings.

Jason is nodding. Anna, is there any problem there? Anna, I'm sorry.

So Jason, Mark and I have talked about this before. There's not necessarily any issues from our standpoint. However, requiring that as part of the PUD is a little bit different because that would be a requirement forcing one property owner to provide access to another property through their property. And this access point is not directly related to the PUD that we're approving right now. So If they want to have a private agreement to consolidate a sidewalk between the two parties, I don't have any objections to that. But putting it as a requirement under the PUD is where I decided not to go.

Okay, Jason's coming up too. I'm doing

the narration. We have no problem working through that as a condition to the permit.

Hey, Carolyn, did you have one other issue?

Yeah, just, you know, I think the other big thing is, you know, our bedrooms face right on that construction site. So I just want to make sure, you know, that the hours are stuck too. You know, we've had an issue with a garage that's being worked on right across Pershing from there on the corner of Pershing and Merrimack. And I mean, they've been working weekends. They've been going past six at night up until seven. And I know that it's a different division, but it sounded like air raid sirens going off in that garage last week to the point where another neighbor called the police because it was so disruptive. So it's just very nerve wracking.

All right. I think they will adhere to the time set in the agreement.

I mean, Carolyn, just though, I mean, this happens a lot. So if there's that's I mean, I think your neighbor contacted me and, you know, I think that that's, you know, that's when you do call the police after hours because Ana can't work 24 hours a day. So, you know, that's what they're there for, that non-emergency line. So not that Jason and his team aren't going to comply, but if there's some sub that comes early or stays late, that's where our police are very helpful to come and remind them that it's time for them to go home. Okay,

very good. All right, does that conclude your questions, Carolyn?

Yes, and thank everybody very much for listening to everybody's concerns. I know there have been many. I know this has been a long process, and I'm very appreciative for all the assistance and the counsel and the guidance.

So that's all I have to say. Very good. Okay, Chris Meese, you have your hand up.

Hi, I'm Chris Chmes and I am a member of the Clayton Community Equity Commission and just wanted to thank everybody involved from getting this part of the PUD credits and to the developer for including some affordable housing in the mix. I know it's been a long process and two units is definitely a good start. So thank you.

Very good. Any other discussion? Oh, yes, sir. And please say

your name and address. I'm Tom Lucas at 8010 Pershing. I'm the one that called the police after I spoke to Carolyn. But I'm also sort of the Mrs. Kravitz, for those of you that are too young to know that reference. This was on Bewitched. That's a lady in the neighborhood that knows everything that's going on and everything. And I interface with 202 North Brentwood, and I'm the one And I think everything's been going really well. The only thing is, I don't understand totally the process. You don't need to explain it to me either. But I love everything that the city's done. And I talked to Ana. She knows me pretty well by now. And I'm really pleased with all that. And I don't want anything like pushed through fast or anything. And I have no affiliation with developer, but Anything that can be done to make it after we're pretty sure this is all going and there's not much changing anything that can be done, to get approvals done. quicker rather than having to have another meeting or two or months or whatever i'm not saying I know they're going to start demolition or construction three months early because they get approval. Earlier than they thought, but just so there's nothing in the way, so that we're all eager to have it done. faster

yeah yeah you'd like to minimize the construction period yeah that's that's great we will try to do that to our best abilities yeah thank you thank you

okay tom i tom i just want to say too thank you like for all your emails i mean they were very they were very well received so

right all right any further discussion okay i will close the public hearing

Put it on my mic. Good idea. Let's introduce bill number 6980 to approve the rezoning of property located at 201, 211, and 215 North Merrimack Avenue and 8015 Pershing Avenue to a planned unit development district to be as TBA as the Merrimack-Pershing Planned Unit District to be read for the first time by title only.

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

An ordinance providing for the rezoning of certain property located at 201, 211, 215 North Merrimack Avenue and 8015 Pershing Avenue to a planned unit development district to be known as the Merrimack-Pershing Planned Unit District, providing for the change in the zoning map of the city of Clayton, Missouri, approving a planned unit development for the subject property and other actions related thereto.

All those in favor?

Aye.

Opposed?

I move that the board give unanimous... Oh, what did you want to say?

No, that's all.

I move that the Board give unanimous consent to consideration for adoption of Bill Number 6980 on the date of its introduction.

Second. All right. All those in favor.

Aye.

Opposed. Let the Minutes reflect the Board has given unanimous consent.

I introduced bill number 6980 to approve the rezoning of property located at 201, 211, 215 North Merrimack Avenue and 8015 Pershing Avenue to a planned unit development district, TBA, as the Merrimack-Pershing Planned Unit District, to be read for the second time by title only.

Are we going to do the second reading tonight? I thought so. Then we need to do the lot consolidation as well. Well, I just didn't know since Alderman... The lot

consolidation, no.

Well, you're doing the rezoning now, aren't you,

right

now? Yeah, we're doing the

rezoding

first, but then we would move

to the lot consolidation. I'm not opposed to it. I just feel like with communities, we often break it up into two meanings. I mean, I don't know. Well, we sometimes do.

It just seems like it's been... through so much public comment and so much agreeable, so many changes and so much accommodation by the developer at this point, based on your description, I would recommend that we go ahead. I'm sorry, I didn't think about it. Is that why you brought it up? Yeah, okay.

And that's fine. I just want to be, I think. Yeah, no, that's good.

It's good. Pause and think. Always good. Anybody object to just going ahead with the second reading tonight? No. Okay. All right. I'll

second it.

Okay. Discussion? Yeah. Okay. Yes. The city attorney.

an ordinance providing for the rezoning of certain property located at 201, 211, 215 North Merrimack Avenue and 8015 Pershing Avenue to a planned unit development district to be known as the Merrimack-Pershing Planned Unit District, providing for the change in the zoning map of the city of Clayton, Missouri, approving a planned unit development for the subject property and other actions related thereto.

Alderman Berkowitz. Aye. Alderwoman McAndrew. Aye. Alderman Buse. Aye. Aldeman Gary Feder.

Alderman Berkowitz. Aye. Alderwoman McAndrew. Aye. Alderman Buse. Aye. Aldeman Fader.

Aye.

Aldermen Rick Hummell.

Aldermen Hummel.

Aye.

Mayor Harris.

Aye. Thank you. All right. Now we have the lot consolidation. Do you have a separate report or do we just move into it?

We can go straight into it. Straight into it.

Okay. Okay. The lot consolidation for the same property, Alderman Berkowicz. Aye.

I'd introduce Bill No. 6981 to approve a lot consolidation plat for 201-211-215 North Merrimack Avenue and 8015 Pershing Avenue to be read for the first time by title only.

Second. Any discussion? Any discussion online? Okay. Ms. City Attorney.

An ordinance providing for the approval of a plat to consolidate certain property known as 201, 211, 215 North Merrimack Avenue and 8015 Pershing Avenue in the city of Clayton, Missouri. All those in favor?

Aye. Opposed? I move that the board give unanimous consent to consideration for adoption of bill number 6981 on the day of its introduction.

Second. All those in Opposed? Let the minutes reflect. The board has given unanimous consent.

I'd like to introduce Bill No. 6981 to approve a lot consolidation plan for 201, 211, 215 North Merrimack Avenue and 8015 Pershing Avenue to be read for the second time by title only.

Second. Any further discussion?

All

right, Ms. City Attorney.

An ordinance providing for the approval of a plat to consolidate certain property known as 201-211-215 North Merrimack Avenue and 8015 Pershing Avenue in the city of Clayton, Missouri.

Alderman Berkowitz. Aye. Alderman McAndrew. Aye. Alderwoman Buse. Aye. Aldermen Gary Feder. Aye. Aldeman Rick Hummell. Aye. Mayor Harris. Aye. Thank you.

Alderman Berkowitz. Aye. Alderman McAndrew. Aye. Alderwoman Buse. Aye. Aldermen Fader. Aye. Aldeman Hummel. Aye. Mayor Harris. Aye. Thank you.

Okay, that concludes that whole operation. So congratulations, guys. Thank you for such a great project. Yeah. All right. The next item on our agenda is our consent agenda. Does anybody want to talk about any of those items? Are we good to just go ahead and vote on it? I don't see anybody raising an item. So Alderman Berkowitz.

I move to approve the consent agenda with the items listed.

Second. Any discussion? Okay.

Ms. City Clerk. Alderman Berkowitz. Aye. Alderman McAndrew. Aye. Alderwoman Buse. Aye. Aldermen Gary Feder.

Ms. City Clerk. Alderman Berkowitz. Aye. Alderman McAndrew. Aye. Alderwoman Buse. Aye. Aldermen Fader.

Aye.

Aldernan Rick Hummell.

Aldernan Hummel.

Aye.

Mayor Harris. Aye. Thank you. All

right, we're ready for the city manager's report.

That's the first one is appointment of a prosecuting attorney. The city of Clayton advertised the position of prosecutor through a request for qualifications or RFQ. The city received two applications for the position, one from the current prosecutor, Daryl Crosser, and another from Craig Smith, a panel consisting of me, police chief, Mark Smith, director of planning and development services on a crane and Clayton resident and attorney Anna Etzkorn interviewed both candidates on June 26, 2023. Following the interviews and deliberation, the panel unanimously selected Craig Smith for the position. I am hereby appointing Craig H. Smith to the position of prosecuting attorney and submit the appointment to the Board of Aldermen for consent. The appointment will become official after an agreement establishing the fees for services is negotiated and executed by both parties. Staff recommends that the Board of Aldermen consent to the city manager's appointment of Craig H. Smith as the prosecuting attorney.

That's the first one is appointment of a prosecuting attorney. The city of Clayton advertised the position of prosecutor through a request for qualifications or RFQ. The city received two applications for the position, one from the current prosecutor, Daryl Crosser, and another from Craig Smith, a panel consisting of me, police chief, Mark Smith, director of planning and development services on a crane and Clayton resident and attorney Anna Etskorn interviewed both candidates on June 26, 2023. Following the interviews and deliberation, the panel unanimously selected Craig Smith for the position. I am hereby appointing Craig H. Smith to the position of prosecuting attorney and submit the appointment to the Board of Aldermen for consent. The appointment will become official after an agreement establishing the fees for services is negotiated and executed by both parties. Staff recommends that the Board of Aldermen consent to the city manager's appointment of Craig H. Smith as the prosecuting attorney.

All right, thank you. I will open the discussion. We'll just go in order of seniority. Well, I don't see anybody. Is anyone in the audience here to talk about that? And anybody online? Okay. So I'll start with you and see if you have any comments. I

had a thorough discussion with the city manager this week in regards to this appointment, and I am very much in favor of it.

Very good.

I agree. No comments. Confidence in the process. Yeah, thank you.

Yeah, there you go.

I thought he was a very impressive candidate, so certainly support him. No comments.

All right. Alderman Berkowitz.

I move to approve the appointment of Craig Smith as the City of Clayton prosecuting attorney.

Second. Any discussion? All right, and is it a roll call or a voice call? It doesn't say. It doesn't say? Okay, we can't go without our screen. Okay, all those in favor?

Aye.

Any opposed? Okay.

Thank you.

Next item is the municipal judge.

Appointment of the municipal judge. I do not have a report for this one.

Oh, right. Do you want to read your note that you send out or just say who you are?

Right. Okay. I am the automatic appointment to the panel for the selection of the municipal judge for the city of Clayton. And the panel met sometime last week. I think it was on Tuesday. They met again on Friday, and on Friday the panel made a decision and unanimously voted to recommend Stephen Strum to be the City of Clayton Municipal Judge. For those of you who don't know who Stephen is, I did not before the interviewing and the application process. Stephen has spent more than 35 years as a litigation attorney and partner at Sandberg Phoenix. He has won several prestigious trial attorney awards, which I know about, but I did not win. He's been a prosecutor. He's been And for six years, he's been a volunteer as a landlord-tenant mediator down the city of St. Louis. He has a vast amount of experience in the community. He's volunteered. He's served on several local boards for private schools. But of particular interest to Mr. Strum, and it has been a priority for him, his work with the Migrant and Community Action Project, where he advocates for the legal rights of low-income immigrants. The panel was impressed with Mr. Strum and recommends his appointment as Clayton's municipal judge.

Good. I'll go around and see if anybody has comments or questions.

I don't have any comments. It sounds like we had some great applicants, and I'm happy that the commission, that the panel, I guess... was able to come to a unanimous consensus. So I want to thank all those that participated on the panel and congratulations to Steve on the appointment.

Be good.

I agree with all of that. Again, I think that the process in place and the people involved do as well and the applicants, the quality of the applicants that we're getting. So thank you.

Alderman Gary Feder.

Alderman Fader.

I had met Stephen once before when was impressed with him. I think at the end of the day, we went worked hard to establish an expert panel to review these applicants and the fact that the decision was unanimous I think speaks for itself. I guess I would note in passing just some thanks to our The other two candidates, the current judge and the prior judge, both who I think performed admirably in their tasks. So appreciate all of their service to the city, but look forward to having Mr. Strum in this position. I concur with everything that's been said.

Well, me too. And I just do want to reinforce that we don't have high salaries for these folks that do this work, and it's hard work. And we really appreciate their dedication throughout the years. And I think also, although Mr. Strom is not an experienced judge, it is nice to have sort of a fresh outlook and a fresh face and someone who hasn't really been in our court. So I think that'll be an interesting thing for us to watch. And I think it'll benefit the community. So I think this is good. And again, also commending the panel on their work We have worked really hard as a group to get a process and it's evolving. And we started this panel thing a couple of years ago and it was a little different then. Now it's different, better. And I hope it continues to be refined and it can really help us make choices that are fair and align with our values.

Let me say this, there were two members of the panel who've had quite a bit of experience. We did have a judge, circuit court judge who was on the panel. We also had a gentleman from Arch Defenders who also has a tremendous amount of experience in dealing and working with municipal judges. They both were incredibly complimentary of our process and how we are doing going about this. uh and they said that uh they felt like we were we were on the right track and and probably ahead of mostly every other community

I'm sure we are yeah okay great great um all right so I think all that's left is for you to make a motion

um I move to approve the appointment of Stephen strum as the city of Clayton Municipal Judge

Second. Any discussion? All those in favor?

Aye.

Opposed? Okay. Congratulations, Mr. Strum, wherever you are tonight. Okay. Well, that concludes our business meeting, unless our city manager had anything further on that. We can have a bit of a roundtable if you'd like. And why don't we start with Alderman Berkowitz?

We had a EDAC meeting this morning. And that was, for those of you who are not familiar with the lettering, it's the Economic Development Action Committee. Advisory

Committee.

There you go. so for those of us including Ira who's not familiar with the letters um so uh we met this morning and we went over the budget went over um several things about you know what could be what could be happening in downtown uh and how we might uh allocate or reallocate from previous years some of the budget money, but most of the discussion was about events, additional events, or even using perhaps some of the money for entertainment venues. which was well-received. And I'm looking at Rick because he had suggested it to me himself several weeks ago. So we're going to leave open some budget line items for the purpose of perhaps, if the opportunity arises, that we would be able to use some of that money for that purpose. And so, yeah, so that's it.

Very good.

Go

ahead,

Bridget.

Yeah, I had a plan commission meeting. We had some houses that are being added on and such but the big one that did come before us is, I'm sure everybody's heard by now that the Forsyth and Central the World News Project is not going forth, as was proposed to us whenever that was a year ago. So they came back and had a conceptual review to just kind of get the plan commission's thoughts. It is, it's a hotel. I mean, it's entirely a hotel. I do think that they made some nice additions at the, there's a new architect in So they made some nice modifications at the street level that I think make it more attractive from a walkability standpoint at that corner. The big thing that I hope that they address is there is a garage that's not very attractive that they cover up a little bit, but that was, I feel like most of the discussion kind of centered on how they can make that garage because when you're standing kind of where like where chipotle is like you can really see the garage all down central so i think they just need to figure out how to make that a little bit more attractive but um but was you know i think the plan commission overall thought it was a good project so we'll see what happens with it again that was just the conceptual adhering so we'll see so okay very good um oh sorry and then i also had a CRSW finance meeting where Tony kind of went through the proposed budget and, you know, things are much better at the center. I think there's many, many more people coming to the center, but because of the salary adjustment that we've kind of made across the board, as well as like, there's a huge increase in utilities just to keep the building operating commodities. I mean, everything contractual services, commodity, everything's gone up. So, you know, the, Deficits not really going to change much. So we're still going to have to pretty contribute pretty heavily as with the school district to keep the center, you know, afloat next year. I will say I think it's always important to remind everybody that the cost recovery for our recreation center is significantly higher I mean the average is like 50% or maybe less throughout the country. And we're still above 80. Like before the pandemic, we were at 90, which was incredible. So now we're still about 83%, or that's the projected cost recovery for next year's budget. So that sounds bad because historically, we've done so well, but that's still just so much higher than other recreation facilities across the country. So yeah.

Very good. Thank you. Go ahead, Susan.

Okay. Well, there's a sustainability meeting and then they have their strategic plan looking with the primary focus of that is looking at carbon footprint, which I know they've worked with Linda Goldstein to see what she's done in the past on that and the Soul Smart program, which Matt's been working on. And then they talk a lot about grants, working, I think, with Alex Amstel on a lot of this, but there's an Ameren grant for EV charging stations for which the city has now applied for 11 chargers at five different sites around the city. So waiting to hear on that. There was also, it seems like there's another grant in there too.

I'm

not seeing it right now. Hydration Stations Grant to find places to put around the city to put that and find locations. They have a WashU intern who has done a lot of work with them as well, which is, I think, been a really nice connection with WashU and given her some real work to do. So that's been great. Another topic was that we really need to raise the awareness of idling and the damage that it does to the air in our city, and that we do have ordinance against it. And they talked about different ways. Susanna Fuchs does a lot of that work professionally anyway, which we've used her in the past to do things. So she's going to help hopefully work with Gabby and try to give more awareness on we have to stop idling both by our commercial vehicles in town as well as residents. The leaf blowers came up and a couple other topics, but those were the main things from that meeting. The only other thing I think everyone, I just want to make sure everyone's aware that, you know, Michelle, the gun safety ordinance from Crestwood that Crestwood has and that we have is the same one that the city is looking at with Kara Spencer having proposed that. So we'll see if areas can even help us get that kind of additional, you know, grab onto safety in our areas.

Go ahead, Alderman Gary Feder.

Go ahead, Alderman Fader.

At the Equity Commission, Dr. Chianti Bolton from Washington University, who has been one of our voting members and I'm sure was a very valuable member of the panel, for the interviewing of the judge. She's taken a position at Georgia Tech, and so she will be leaving, I assume, in the next month or two. So there will be an opening on the commission, I think a Ward 1 appointment. Ben Uchtel stepped down as chair, and Chris Schmies has taken over. And one of our subcommittees has scheduled a meeting with a couple of people from the Social Work School at Washington University to talk about treatment of the unhoused in our community, because we know that's an issue that people are talking more about. And I know our police force does a great job, but it's an issue we always need to be dealing with. And so hopefully we'll get some more guidance on the best way to try to address that. That's it.

We've already discussed the CCF meeting and we've got the community meeting on Thursday night. So that's what's coming up.

Very good. I don't really have anything in addition to all that. I would just like to say the EDAC meeting this morning was really great. It's a little more interactive than usual, which is great. I think we just had some fresh members. Rick went off, so that probably helped.

That was like 10 years ago.

Anyway, no, I thought it was a really good discussion. And I think there's a lot of ideas. I know I have my own ideas about ways we can spend that money. So we'll be talking about it with Gary and you. Yeah. All right. So I think that's it, guys. Thank you so much. Oh, we need a motion to adjourn.

Motion to adjourn.

Second. All those in favor? Aye. Opposed? Okay. We are adjourned. All right.