December 22, 2020 — Meeting Minutes

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THE CITY OF CLAYTON

Board of Aldermen Virtual Zoom Meeting December 22, 2020 7:00 p.m.

Minutes

NOTE: In accord with the provisions of Section 610.015, RSMo., and multiple declarations of emergency at every level of government, and the prohibition of large gatherings due to the Coronavirus pandemic, normal requirements for voting in the Board meeting were suspended. Accordingly, votes were taken as if all Board members were physically present and in attendance at the meeting.

Mayor Harris called the meeting to order and requested a roll call.

The following individuals attended the meeting by videoconferencing at all times unless otherwise noted.

Aldermen: Joanne Boulton, Rich Lintz, Ira Berkowitz, Bridget McAndrew, Susan Buse (joined at 7:07p.m.), Dan Sokol, and Mayor Michelle Harris

City Manager David Gipson City Attorney Kevin O’Keefe City Clerk June Frazier

Motion made by Alderman Berkowitz to approve the December 8, 2020 minutes. Alderman Lintz seconded.

Motion to approve the minutes passed unanimously on a voice vote.

PUBLIC REQUESTS AND PETITIONS

Kathleen Gund addressed the Board regarding an incident at Concordia Seminary that involved three youths.

Mayor Harris responded that the City is aware of the unfortunate incident and that Concordia is investigating the issue and will report back to the City. She also spoke with the parents of two of the youths and had a good conversation. She added that this is a “teachable” moment for everyone, and Chief Smith has actively been educating the public with information provided on NextDoor, CityViews, and that the Clayton Community Equity Commission have held discussions in working on this area of interest.

Mayor Harris announced that the City participated in the 2020 St. Louis Green Business Challenge and Clayton qualified and received a certificate (Matt Malick displayed the certificate) of recognition as a Green City.

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PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING A REZONING AND A PLANNED UNIT DEVELOPMENT FOR BEMISTON PLACE DEVELOPMENT AT 26, 30, 32 AND 38 NORTH CENTRAL AVENUE; 7800 AND 7820 MARYLAND AVENUE; 9 AND 19 NORTH BEMISTON AVENUE

Mayor Harris opened the public hearing and requested proof of publication.

City Manager Gipson reported that this request is for a public hearing to solicit input regarding the rezoning and related Planned Unit Development for a proposed mixed-use development, known as Bemiston Place. The rezoning and Planned Unit Development are being considered together in this report. The project received Architectural Review Board approval on December 7, 2020 and Site Plan approval on December 21, 2020.

The subject site is located on the south side of Maryland Avenue, bounded by Bemiston Avenue on the east and Central Avenue on the west and an east-west alley, on the south. It is a one-half block site, 1.526 acres in area. The site is currently developed as a surface parking lot and a variety of commercial/restaurant and office structures, none of which are more than two stories in height. The properties have a zoning designation of High-Density Commercial District (HDC) and are within the Central Business District (CBD) Core Overlay District and the Entertainment Overlay district.

Note: A revised ordinance and exhibit was distributed to the Board earlier today.

The applicant, Steve Brown and team of Wei Chun, Frank Andre, Eric Fischer, and Brian Gobell were present.

Frank Andre provided a PowerPoint presentation.

In response to Alderman Buse’s question regarding LEED Certification for the Bronze level, Mr. Brown stated that although they are committed to receiving certification for the Bronze level they are interested in possibly a higher level (i.e. Silver).

In response to Alderman Buse’s question regarding public access to the charging stations, Mr. Brown stated that the garage is designed to be private. 26 Spaces are reserved for retail employees, valet for the restaurants; there will be 15 charging stations with one for the valet.

In response t Alderman Buse’s question regarding the Sustainability Commission’s interest in “solar ready” construction that will allow for future solar panel installation, Mr. Brown stated that their team looked into it and has an interest but decided not to economically.

In response to Alderman Berkowitz’ question, Mr. Brown stated that that the sidewalks are 11’ wide and is adequate for outdoor dining. They have included window “walls”, inspired by Oceano, for indoor/outdoor, covered dining.

In response to Alderman Berkowitz’ question regarding bike accommodations, Mr. Brown explained that they are working with staff to have available approximately 20 bike racks. They have also planned a bike storage (50-60 bikes) for the residents within the lower level of the Shanly building.

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In response to Alderman McAndrew’s question regarding adequate parking spaces for retail employee parking, Mr. Brown stated that they have provided enough parking (26 spaces) per the traffic consultant recommendation.

Alderman Sokol expressed that he loves the idea.

Alderman Boulton applauded the development team for listening and their ability to create a wonderful space while keeping the Shanly building.

In response to Mayor Harris’ question regarding construction timeline, Mr. Brown stated that they are scheduled to purchase the property November 2021 with development completion for February 2024.

Mayor Harris closed the public hearing.

Alderman Boulton introduced Bill No. 6814, to approve rezoning of property located at 9 and 19 N. Bemiston Avenue, 7800 and 7820 Maryland Avenue, and 26, 30, 32, and 38 N. Central Avenue from high Density Commercial and Central Business District Core Overlay District to a Planned Unit Development District to be known as Bemiston Place Planned Unit District to be read for the first time by title only. Alderman Lintz seconded.

City Manager Gipson noted that a revised ordinance was distributed to the Board earlier today.

City Attorney O’Keefe reads Bill No. 6814, first reading, an Ordinance Providing for the Rezoning of Certain Property Located at 9 and 19 North Bemiston Avenue, 7800 and 7820 Maryland Avenue, and 26,30,32 and 38 North Central Avenue from High Density Commercial and Central Business District Core Overlay District to a Planned Unit Development District to be known as the Bemiston Place 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 Boulton that the Board give unanimous consent to consideration for adoption of Bill No. 6814 on the day of its introduction. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

Alderman Boulton introduced Bill No. 6814, to approve rezoning of property located at 9 and 19 N. Bemiston Avenue, 7800 and 7820 Maryland Avenue, and 26, 30, 32, and 38 N. Central Avenue from high Density Commercial and Central Business District Core Overlay District to a Planned Unit Development District to be known as Bemiston Place Planned Unit District to be read for the second time by title only. Alderman Lintz seconded.

Mayor Harris confirmed that the Board agreed that the developer has met all requirements.

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City Attorney O’Keefe reads Bill No. 6814, second reading, an Ordinance Providing for the Rezoning of Certain Property Located at 9 and 19 North Bemiston Avenue, 7800 and 7820 Maryland Avenue, and 26,30,32 and 38 North Central Avenue From High Density Commercial and Central Business District Core Overlay District to a Planned Unit Development District to be known as the Bemiston Place 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 Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Sokol – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6674 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT FOR THE PURCHASE OF A REPLACEMENT TELEPHONE SYSTEM

City Manager Gipson reported that staff is requesting approval of a contract for a replacement of the City’s Voice Over Internet Protocol (VoIP) telephone system, including support and maintenance. The existing phone system needs to be upgraded to stay supported by the vendor. As staff analyzed upgrading the current system, it became apparent that it would be less expensive over the life of the system to purchase a different system which could still use our current desktop phones.

In response to Alderman Buse’s question regarding the service for the Center of Clayton and the School District, Larry Cawvey, Director of IT, and Patty DeForrest confirmed that the Center pays a percentage (17-18%) of the phone costs.

In response to Mayor Harris’ question, Larry Cawvey explained that there will not be much of a technology upgrade.

Alderman Boulton introduced Bill No. 6815, to approve a contract with ConvergeOne and Red Sky Technologies for the replacement telephone system to be read for the first time by title only. Alderman Lintz seconded.

City Attorney O’Keefe reads Bill No. 6815, first reading, an Ordinance Approving a Contract with ConvergeOne for the Purchase and Implementation of a Replacement Telephone System and Related Items by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Boulton that the Board give unanimous consent to consideration for adoption of Bill No. 6815 on the day of its introduction. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

Alderman Boulton introduced Bill No. 6815, to approve a contract with ConvergeOne and Red Sky Technologies for the replacement telephone system to be read for the second time by title only. Alderman Lintz seconded.

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City Attorney O’Keefe reads Bill No. 6815, second reading, an Ordinance Approving a Contract with ConvergeOne for the Purchase and Implementation of a Replacement Telephone System and Related Items by title only.

The motion passed on a roll call vote: Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Sokol – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6675 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT WITH RECTRAC, LLC (D/B/A VERMONT SYSTEMS) FOR RECREATION MANAGEMENT SOFTWARE

City Manager Gipson reported that the Parks and Recreation Department issued a Request for Proposal for Recreation Management Software on August 6, 2020. The current software contract with PerfectMind ends in September 2021 and the Parks and Recreation Department does not intend to renew their contract due to extensive software issues.

In response to Alderman Lintz’ question, Patty DeForrest stated that since implementing PerfectMind (for the last five years) they have had accounting issues on top of other issues.

Alderman McAndrew noted that discussion regarding some serious issues and possible legal action came up at the recent Parks and Recreation Commission meeting.

Alderman Boulton introduced Bill No. 6816, to approve a contract with RECTRAC, LLC d/b/a Vermont Systems for recreation software to be read for the first time by title only. Alderman Lintz seconded.

City Attorney O’Keefe reads Bill No. 6816, first reading, an Ordinance Approving a Contract with RECTRAC (dba Vermont Systems) to Provide Recreation Management Software for the Department of Parks and Recreation by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Boulton that the Board give unanimous consent to consideration for adoption of Bill No. 6816 on the day of its introduction. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

Alderman Boulton introduced Bill No. 6816, to approve a contract with Rectract, LLC d/b/a Vermont Systems for recreation software to be read for the second time by title only. Alderman Lintz seconded.

City Attorney O’Keefe reads Bill No. 6816, second reading, an Ordinance Approving a Contract With RECTRAC (dba Vermont Systems) to Provide Recreation Management Software for the Department of Parks and Recreation by title only.

The motion passed on a roll call vote: Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Sokol – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6676 of the City of Clayton.

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AN ORDINANCE TO CONSIDER APPROVING A TASK ORDER WITH HORNER & SHIFRIN, INC. FOR DESIGN SERVICES RELATED TO CENTRAL BUSINESS DISTRICT PHASE 1 AND PHASE 2 RESURFACING PROJECTS

City Manager Gipson reported that last year, the Board of Alderman approved a Program Agreement for the City’s Central Business District Phase 1 Resurfacing Project through East- West Gateway’s Surface Transportation Program (STP). Phase 1 of this project is eligible for $965,535 of reimbursement through MoDOT & FHWA. Phase 2 of this project is included in the city’s Capital Improvements Program but does not currently have grant revenue identified. Staff will be submitting a grant application in early 2021 for Phase 2.

In 2019, Public Works staff performed consultant solicitation and evaluations, in accordance with MoDOT’s Local Public Agency Manual, for on-call professional consultant services. The Board of Alderman approved these contracts in November of 2019. The current list of on-call consultants has three providers for the “Roadways, Alleys, Sidewalks, and ADA” category. Upon review of the firm’s qualifications by city staff, Horner & Shifrin, Inc. was selected to provide engineering services for the project.

Aldermen Buse, McAndrew, and Boulton expressed concerns regarding the bike component and possibly additional costs as it is related to the current St. Louis County work.

Matt Malick explained that the St. Louis County project is expected to be completed by February and their plans show accommodations on Meramec, Carondelet, portions of Central and Bemiston, and includes the Maryland project. He said that restriping can be done later and that would not be a significant cost.

Alderman Boulton introduces Bill No. 6817, to approve a contract with Horner & Shifrin, Inc for design services for the CBD Resurfacing Project to be read for the first time by title only. Alderman Lintz seconded.

City Attorney O’Keefe reads Bill No. 6817, first reading, an Ordinance Approving a Task Order with Horner & Shifrin, Inc. for Design Services Related to Central Business District Phase 1 and Phase 2 Resurfacing Projects by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Boulton that the Board give unanimous consent to consideration for adoption of Bill No. 6817 on the day of its introduction. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

Alderman Boulton introduces Bill No. 6817, to approve a contract with Horner & Shifrin, Inc for design services for the CBD Resurfacing Project to be read for the second time by title only. Alderman Lintz seconded.

City Attorney O’Keefe reads Bill No. 6817, second reading, an Ordinance Approving a Task Order with Horner & Shifrin, Inc. for Design Services Related to Central Business District Phase 1 and Phase 2 Resurfacing Projects by title only.

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The motion passed on a roll call vote: Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Sokol – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6677 of the City of Clayton.

Motion made by Alderman Sokol that the Board adjourn to a closed meeting, with a closed vote and record, as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, and to discuss matters related to negotiation of a contract pursuant to Section 610.021(12), RSMo. and/or proprietary information pursuant to Sec. 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO. Alderman McAndrew seconded the motion.

The motion passed on a roll call vote: Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Sokol – Aye; and Mayor Harris – Aye.

There being no further regular business the meeting adjourned at 8:26 p.m.

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Mayor ATTEST: ____________________________ City Clerk