December 19, 2023 — Meeting Minutes
12-19-2023 BOA Minutes December 19, 2023 Page 1 of 7
THE CITY OF CLAYTON
Board of Aldermen In-Person and Virtual Meeting December 19, 2023 7:05 p.m.
MINUTES
Mayor Harris called the meeting to order and requested a roll call. The following individuals were in attendance:
In-person: Bridget McAndrew, Susan Buse, Becky Patel, Gary Feder, Rick Hummell, and Mayor Michelle Harris.
Virtual attendance: Ira Berkowitz
Staff: City Manager Gipson, City Attorney Karr, City Clerk Frazier, and Assistant City Manager Muskopf
PUBLIC REQUESTS AND PETITIONS
None
A PUBLIC HEARING AND AN ORDINANCE FOR A REZONING, A PLANNED UNIT DEVELOPMENT AND A MAJOR SUBDIVISION PLAT FOR 111 & 121 SOUTH MERAMEC AVENUE
Mayor Harris opened the public hearing and requested proof of publication.
City Manager Gipson reported that this request is for a Public Hearing for review and consideration of the rezoning and related Planned Unit Development for a proposed mixed-use development. The rezoning, Planned Unit Development, and Subdivision Plat are being addressed together in this report, though the plat and the 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, Subdivision Plat, Rezoning and Development Plan on November 20, 2023. Chris Cedergreen, Architect, Tim Sandweg, Associate Principal, and Bob Neeley, Principal, of Lamar Johnson Collaborative were in attendance to answer questions.
Michael Knight, Developer, Clayton City Ventures LLC, was in attendance (virtually) to answer questions.
Anna Krane, Director of Planning & Development was in attendance to answer questions.
After discussion and consensus between the Board of Aldermen and Mr. Knight, City Attorney Karr stated that the ordinance will also include the following:
SECTION 3: TABLE 1: PUBLIC BENEFITS POINTS: 405.1380(B)(16); AFFORDABLE HOUSING “…The housing units will include a variety of units and shall not be limited to only studio units. The affordable housing units must be located in different parts of the building, with varying unit sizes and number of bedrooms.”
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EXHIBIT C, SECTION D: PUBLIC BENEFITS; CODE SECTION 405.1380(B)(16): AFFORDABLE HOUSING. “…The housing units will include a variety of units and shall not be limited to only studio units. The affordable housing units must be located in different parts of the building, with varying unit sizes and number of bedrooms.”
EXHIBIT C, SECTION E DEVELOPMENT COMMITMENTS: 2. PLANNING/ZONING; G. “...The commercial tenant space shall not be occupied by a financial institution…”
Mayor Harris closed the public hearing.
Alderman Berkowitz introduced Bill No. 7001, approving the rezoning and a Planned Unit Development for 111 & 121 S. Meramec Avenue to be read for the first time by title only. Alderman McAndrew seconded.
City Attorney Karr reads Bill No. 7001, first reading, an Ordinance Providing for the Rezoning of Certain Property Located at 111 & 121 South Meramec Avenue to a Planned Unit Development District to be known as the Shaw 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 by title only.
The motion passed unanimously on a voice vote.
Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 7001 on the day of its introduction. Alderman McAndrew seconded.
The motion passed unanimously on a voice vote.
Alderman Berkowitz introduced Bill No. 7001, approving the rezoning and a Planned Unit Development for 111 & 121 S. Meramec Avenue to be read for the second time by title only. Alderman McAndrew seconded.
City Attorney Karr reads Bill No. 7001, second reading, an Ordinance Providing for the Rezoning of Certain Property Located at 111 & 121 South Meramec Avenue to a Planned Unit Development District to be known as the Shaw 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 by title only.
The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6862 of the City of Clayton.
BILL NO. 7002
Alderman Berkowitz introduced Bill No. 7002, approving a Subdivision Plat for 111 & 121 S. Meramec Avenue to be read for the first time by title only. Alderman McAndrew seconded.
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City Attorney Karr reads Bill No. 7002, first reading, an Ordinance Providing for the Approval of a Plat to Consolidate Certain Property Known as 111 and 121 South Meramec Avenue and a Portion of Vacated Alley in the City of Clayton, Missouri by title only.
The motion passed unanimously on a voice vote.
Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 7002 on the day of its introduction. Alderman McAndrew seconded.
The motion passed unanimously on a voice vote.
Alderman Berkowitz introduced Bill No. 7002, approving a Subdivision Plat for 111 & 121 S. Meramec Avenue to be read for the second time by title only. Alderman McAndrew seconded.
City Attorney Karr reads Bill No. 7002, second reading, an Ordinance Providing for the Approval of a Plat to Consolidate Certain Property Known as 111 and 121 South Meramec Avenue and a Portion of Vacated Alley in the City of Clayton, Missouri by title only.
The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6863 of the City of Clayton.
CONSENT AGENDA 1. Minutes – November 28, 2023 2. Motion - Disposal of records per the Missouri Secretary of State General Records Retention Schedule.
Motion made by Alderman Berkowitz to approve the Consent Agenda. Alderman McAndrew seconded.
The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye.
AN ORDINANCE VACATING A PORTION OF A PUBLIC ALLEY AND APPROVING CONVEYANCE OF A PORTION OF THE VACATED RIGHT-OF -WAY (ROW) TO THE ADJOINING PROPERTY OWNER
City Manager Gipson reported that the Shaw (111-121 N. Meramec) Development project has been proposed for the southeast quadrant of this block and, as a result, multiple parcels will be consolidated subject to Board approval of a Consolidation Plat by the City. Given this project, public access to and use of a portion of the east-west alley east of the north-south alley will no longer be necessary.
Matt Malick, Director of Public Works, was in attendance to answer questions.
Alderman Berkowitz introduced Bill No. 7003, approving the vacation of a public alley and approving conveyance of a portion of the vacated right-of -way (ROW) to the adjoining property owner to be read for the first time by title only.
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City Attorney Karr reads Bill No. 7003, first reading, an Ordinance Vacating a Portion of a Certain Alley Right-Of-Way Which Was Previously Dedicated to the City of Clayton and is not Necessary for Right-of-Way or for Travel by the Public and Authorizing Conveyance of a Portion Thereof to an Adjoining Property Owner by title only.
The motion passed unanimously on a voice vote.
Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 7003 on the day of its introduction. Alderman McAndrew seconded.
The motion passed unanimously on a voice vote.
Alderman Berkowitz introduced Bill No. 7003, approving the vacation of a public alley and approving conveyance of a portion of the vacated right-of -way (ROW) to the adjoining property owner to be read for the second time by title only.
City Attorney Karr reads Bill No. 7003, second reading, an Ordinance Vacating a Portion of a Certain Alley Right-Of-Way Which Was Previously Dedicated to the City of Clayton and is not Necessary for Right-of-Way or for Travel by the Public and Authorizing Conveyance of a Portion Thereof to an Adjoining Property Owner by title only.
The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6864 of the City of Clayton.
AN ORDINANCE ADOPTING A NEW CONSTRUCTION PARKING ORDINANCE
City Manager Gipson reported that over the past few years, the city has been experiencing unprecedented development, especially in the more congested areas of the city. Heightened levels of construction are expected to continue for at least the next few years. The associated road closures and temporary elimination of on-street parking are straining the available convenient parking for retail, restaurants, and commercial businesses. The current parking circumstances are not sufficient to accommodate the needs of residents, businesses, and visitors. Staff believes it is necessary to implement a new construction parking policy and enforcement ordinance to ensure that those responsible for construction activity provide adequate parking for construction employees.
Gary Carter, Director of Economic Development, was in attendance to answer questions.
Alderman Berkowitz introduced Bill No. 7004, approving a Construction Parking Management Plan Policy to be read for the first time by title only. Alderman McAndrew seconded.
City Attorney Karr reads Bill No. 7004, first reading, an Ordinance Amending Chapter 350 of the Clayton City Code to Require and Enforce Construction Parking Management Plans for Certain Construction Projects in the City by title only.
The motion passed unanimously on a voice vote.
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Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 7004 on the day of its introduction. Alderman McAndrew seconded.
The motion passed unanimously on a voice vote.
Alderman Berkowitz introduced Bill No. 7004, approving a Construction Parking Management Plan Policy to be read for the second time by title only. Alderman McAndrew seconded.
City Attorney Karr reads Bill No. 7004, second reading, an Ordinance Amending Chapter 350 of the Clayton City Code to Require and Enforce Construction Parking Management Plans for Certain Construction Projects in the City by title only.
The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6865 of the City of Clayton.
AN ORDINANCE FOR A USE AND MAINTENANCE AGREEMENT WITH ST. LOUIS COUNTY LIBRARY DISTRICT FOR THE RIGHT-OF-WAY (ROW) ADJACENT TO REMEMBRANCE PARK
City Manager Gipson reported that the City of Clayton (City) is preparing to begin construction at Remembrance Park, located at 7811 Maryland Avenue. The City met with representatives from the St. Louis County Library District, which adjoins the park property to the west, to review the construction plan and agreed that Parks and Recreation staff and contractors would need to have access to their property to provide proper care and maintenance to the park that will adjoin the St. Louis County Library District’s Mid-Country Branch property. To that end, the City would require that the St. Louis County Library District enter into a Use and Maintenance agreement to clarify responsibility for ongoing use and maintenance of the property.
Toni Siering, Director of Parks and Recreation was in attendance to answer questions.
Alderman Berkowitz introduced Bill No. 7005, approving a Use and Maintenance Agreement with St. Louis County Library District for the Right-of-Way adjacent to Remembrance Park to be read for the first time by title only. Alderman McAndrew seconded.
City Attorney Karr reads Bill No. 7005, first reading, an Ordinance Providing for the Execution of a Use and Maintenance Agreement for Right-of-Way Adjacent to Remembrance Park by title only.
The motion passed unanimously on a voice vote.
Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 7005 on the day of its introduction. Alderman McAndrew seconded.
The motion passed unanimously on a voice vote.
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Alderman Berkowitz introduced Bill No. 7005, approving a Use and Maintenance Agreement with St. Louis County Library District for the Right-of-Way adjacent to Remembrance Park to be read for the second time by title only. Alderman McAndrew seconded.
City Attorney Karr reads Bill No. 7005, second reading, an Ordinance Providing for the Execution of a Use and Maintenance Agreement for Right-of-Way Adjacent to Remembrance Park by title only.
The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6866 of the City of Clayton.
AN ORDINANCE FOR A USE AND MAINTENANCE AGREEMENT WITH THE GATHERING FOR THE RIGHT-OF-WAY (ROW) ADJACENT TO REMEMBRANCE PARK
City Manager Gipson reported that the City of Clayton (City) is preparing to begin construction at Remembrance Park, located at 7811 Maryland Avenue. The City met with representatives from The Gathering, which adjoins the park property to the east, to review the construction plan and agreed that Parks and Recreation staff and contractors would need to have access to their property to provide proper care and maintenance to the park that will adjoin The Gathering property. To that end, the City would require that The Gathering enter into a Use and Maintenance agreement to clarify responsibility for ongoing use and maintenance of the property.
Toni Siering, Director of Parks and Recreation was in attendance to answer questions.
Alderman Berkowitz introduced Bill No. 7006, approving a Use and Maintenance Agreement with The Gathering for the Right-of-Way adjacent to Remembrance Park to be read for the first time by title only. Alderman McAndrew seconded.
City Attorney Karr reads Bill No. 7006, first reading, an Ordinance Providing for the Execution of a Use and Maintenance Agreement for Right-of-Way Adjacent to Remembrance Park by title only.
The motion passed unanimously on a voice vote.
Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 7006 on the day of its introduction. Alderman McAndrew seconded.
The motion passed unanimously on a voice vote.
Alderman Berkowitz introduced Bill No. 7006, approving a Use and Maintenance Agreement with The Gathering for the Right-of-Way adjacent to Remembrance Park to be read for the second time by title only. Alderman McAndrew seconded.
City Attorney Karr reads Bill No. 7006, second reading, an Ordinance Providing for the Execution of a Use and Maintenance Agreement for Right-of-Way Adjacent to Remembrance Park by title only.
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The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6867 of the City of Clayton.
A RESOLUTION FOR A LICENSE PLATE RECOGNITION SERVICES CONTRACT WITH FLOCK GROUP, INC.
City Manager Gipson reported that when the City initiated services with Flock Group, Inc. in 2021, contracts were renewed annually at a cost of $2,500 per camera. In October of 2023, the city was notified that Flock Group, Inc. would maintain the annual cost of $2,500 per camera if the city agreed to a five-year contract. If the city continued the annual contract renewal program instead, the cost would increase to $3,000 per camera. By entering into the five-year contract with Flock Group, Inc. as opposed to the one-year renewal program, the City will realize savings of $6,000 annually and $30,000 over the life of the contract
Police Chief Mark Smith was present to answer questions.
Motion made by Alderman Berkowitz to approve Resolution No. 2023-36, a contract with Flock Group Inc. for the License Plate Recognition Services. Alderman McAndrew seconded.
The motion passed unanimously on a voice vote.
Motion made by Alderman Hummell 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 for preparation per Section 610.021(9) for labor negotiations. Alderman Patel seconded.
The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye.
There being no further regular meeting discussion the Board adjourned into a closed session at 8:12 p.m.
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Mayor
ATTEST:
______________________________ City Clerk