December 8, 2020 — Meeting Minutes

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THE CITY OF CLAYTON

Board of Aldermen Virtual Zoom Meeting December 8, 2020 7:02 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 November 10, 2020 minutes. Alderman Lintz seconded.

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

PUBLIC REQUESTS AND PETITIONS

None

PUBLIC HEARING AND A RESOLUTION FOR A CONDITIONAL USE PERMIT FOR M1 BANK LOCATED AT 7801 FORSYTH BOULEVARD

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

City Manager Gipson reported that this is a public hearing and subsequent resolution for a conditional use permit for the proposed installation of an additional drive-through banking lane on the north side of the subject building occupied by M1 Bank. The applicant proposes to add one additional 24-hour virtual teller drive through lane, for a total of two drive through lanes, located on the north (rear) side of the building. Each of the lanes will have a 24-hour virtual teller.

In response to the Board’s questions, City Manager Gipson stated that the Plan Commission voted unanimously to recommend approval to the Board of Aldermen.

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Tyler Stephens, Core10 Architecture, addressed the Board explained the planned renovations and currently there is a single drive-thru with parking on the street as well as parking on the north end and west end of the property. The plans include adding a second drive-thru lane and place that existing parking all underground. Due to COVID restrictions there has been an increase in drive-thru traffic therefore the request to add a second drive-thru lane.

Mayor Harris closed the public hearing.

Motion made by Alderman Boulton to approve Resolution No. 2020-17, a Conditional Use Permit for M1 Bank located at 7801 Forsyth Boulevard. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

PUBLIC HEARING AND A RESOLUTION FOR A CONDITIONAL USE PERMIT (CUP) FOR A SECOND UNIT LOCATED AT 12 HILLVALE DRIVE

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

City Manager Gipson reported that this is a public hearing and subsequent resolution to consider granting a conditional use permit to Lizette Alvarez and Theodore Povinelli, owners of 12 Hillvale Drive, to allow for the construction of a 712 square foot detached second living unit. The property has a zoning designation of R-2 Single-Family Dwelling District.

A second unit (carriage house/granny unit) is a type of accessory structure, either attached or detached, which provides complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation and is located on the same site as the principal residence.

Second units are permitted subject to the approval of a conditional use permit as per Article VII of Chapter 405, Land Use.

City Manager Gipson pointed out that that the City has received a lot of feedback/concerns from the public regarding the site characteristics. He clarified that throughout the process of this project it requires three applications and tonight the Board of Aldermen is strictly looking at the conditional use and whether it is appropriate for a second dwelling unit to be on the property. The site characteristics, water run-off, size, and location of the garage are all considered by other “bodies.” There was a variance request, but it was postponed during the last Board of Adjustment meeting to be heard at the next (January 7) Board of Adjustment meeting to which the Board of Aldermen will not be considering tonight. If the variance from the Board of Adjustment is approved, then the applicants will have to go back to the Architectural Review Board (ARB) for the actual approval of the structure. At that time all the site characteristics as mentioned will be considered by the other bodies. Tonight, the Board of Aldermen’s task is to simply consider the appropriateness of the conditional use of the second unit.

Mayor Harris reemphasized that tonight the Board of Aldermen is considering the use and whether the second unit is appropriate. She pointed out that the City’s ordinances do not allow second units to be rented nor used as AirBnBs, or bed and breakfasts.

Mayor Harris confirmed that the Board and staff have received several emails of concerns and some have talked with citizens about those concerns. She expressed that the Board and staff

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take the citizen inputs seriously and understand the many issues related to water run-off in Clayton, particularly in this neighborhood. They will take all concerns into consideration and assure the public that they are heard. She reiterated that the Board of Alderman is not the body that looks at the site plan, or the architecture; the ARB does not decide if the applicant should have a variance, set-backs, or other similar requests.

Mayor Harris urged the public to attend other meetings to voice their concerns and provide input.

Aldermen Berkowitz, McAndrew, Buse, and Sokol expressed several concerns regarding moving forward tonight with approving the request for the CUP citing that there are too many components to the project – i.e. a pending variance request before the Board of Adjustment; lack of proper noticing to surrounding property owners-suggestion for staff to look into current procedure for notification guidelines; and to hold conversations with the neighborhood to provide an opportunity for citizens to be heard.

Alderman Lintz stated that as it relates to the CUP the ARB is simply an advisory Board which simply says if the project is appropriate for the Board of Aldermen to consider as a use; the ARB had no reason to say “no” because it is a permitted use by the ordinance, therefore there was no argument for denying the request. The project will still need to go through detailed architectural review and the issues around the stie plan and run-off. The Plan Commission/ARB does not consider the 19’ variance which is not in their purview, but it is for the Board of Adjustment. He stressed that it is in this separation of “powers” and based on that the ARB simply makes a recommendation tht it is a permitted use and therefore up to the Board of Aldermen to grant, or not for the CUP.

Pepe Finn, 28 Ridgemoor, expressed concern on the many condominium complexes, mother- in-law suites, etc. that are in Clavarach and encourages the City to consider adding a minimum lot size in its ordinances.

Anne Pokoski and Ian, 14 Hillvale, addressed the Board inquiring as to the approval of the CUP. Mayor Harris explained that the Plan Commission made a recommendation to the Board of Aldermen for approval.

City Manager Gipson added that the Boards and Commissions, i.e. Plan Commission, provides recommendation to the Board of Aldermen and the Board of Aldermen would make the approval (final).

Andi Van Clever, #5 Hillvale Drive, addressed the Board with concerns of #10 CUP requirement regarding the landscape plan that provides for adequate screening.

Chris Schmidt, #3 Hillvale, addressed the Board stating that the neighborhood is nationally historic with single family dwellings and the CUP request is an inappropriate use of space, adding a question as to the possibility of renting out the unit.

Mayor Harris and Alderman Boulton explained that the CUP requirements do not allow second units to be rented; however, they do allow for a family member or an employee (of the family) to live in them.

Helene Mathis, resident, addressed the Board with concerns that there was no notice given to the residents prior to the Plan Commission approval.

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City Manager Gipson explained the notification process and City Attorney O’Keefe added that the only requirement per the State Statute is to advertise the Public Hearing in a local newspaper, to which the City advertises in the St. Louis Countian.

Alderman Boulton pointed out that all pending applications are available on the City’s website and encouraged everyone to sign-up for ENotifications for all meeting agendas and pending applications.

Mayor Harris also encouraged everyone to contact their trustees for notifications. She added that maybe some of the citizens can research a Historic Preservation ordinance for Clavarach.

Alderman Boulton responded to a question from Michael Cannon with regard to impervious coverage and measurement of the lot (plans).

Lisa Graviar Barnes, 44 Ridgemoor, addressed the Board with concerns on the possible approval of the CUP request and what would be next if approved throughout the process. She referenced an approval done for a project on Wydown that came back before the Board of Aldermen and then therefore denied.

Alderman Boulton explained that that particular project went through an appeal process to which the Board of Aldermen cannot hear/decide an appeal based on the Board of Adjustment decision but can hear/decide an appeal under certain circumstances based on a site plan review and architectural review approval.

Alderman Lintz added that everyone should be aware of the City’s appeal process in the event that they are not happy with an approval outcome

City Attorney O’Keefe explained that the Board of Adjustment is established by State law and empowered by State law with specific authority of jurisdiction. Under those State laws it is a quasi-judicial – a weighing of evidence to determine whether or not a hardship required in order to grant a variance. Four out of five votes are required, not a simple majority. It is a final adjudication of the claim of hardship or misapplication of the ordinance. Under the structure provided by the State any aggrieved party who disagrees with the results of the Board of Adjustment seeks review of it in Circuit Court – the City cannot restructure that process in that regard.

Taylor Huston, Project Manager, Architect for 12 Hillvale, addressed the Board stating that the variance request has been placed on hold in order to work with the neighborhood trustees to address the concerns raised by the residents.

Alderman Buse commented that she appreciates the efforts and is optimistic that the neighborhood will be all working together. Part of the issue is that there is a restriction for something like this in the indentures. Hopefully, by putting forward a good faith and talking with the neighborhood this will make more sense and trusts it will all work out.

Alderman Boulton again clarified that AirBnBs are not allowed in the City and that the community is regularly “policed.” If there is a property discovered, then they are immediately shut down.

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Theodore Povinelli, owner, 12 Hillvale, addressed the Board stating that they are a family who are members of Clavarach and participate fully in the neighborhood and understands its values. He expressed full responsibility for making the mistake of not notifying the trustees and/or residents of his plans and how it was an oversight on his part and would like to communicate that to the neighborhood. He thanked everyone involved and hopes that they can work this out.

Motion made by Alderman Berkowitz to table Resolution No. 2020-18, a request for a Conditional Use Permit for 12 Hillvale Drive to allow for a second unit until action is taken by the Plan Commission/Architectural Review Board on the site plan. Alderman Buse seconded.

The motion passed on at 6–Ayes to 1–Nay (Alderman Lintz) vote.

AN ORDINANCE TO CONSIDER AUTHORIZING THE CITY TO JOIN THE MISSOURI CLEAN ENERGY DISTRICT, SHOW ME PACE CLEAN ENERGY DISTRICT, AND MISSOURI ENERGY SAVINGS PROGRAM PURSUANT TO THE PROPERTY ASSESSMENT CLEAN ENERGY ACT

City Manager Gipson reported that Property Assessed Clean Energy (PACE) financing is a program available to commercial and residential property owners. The program provides financing for all upfront costs of eligible energy efficient upgrades, renewable energy upgrades and energy audits for homes and businesses.

There are currently four PACE programs operating in Missouri. The Show Me PACE Clean Energy District, available throughout the state, is administered by the Missouri Energy Initiative. The Missouri Clean Energy District (MCED) is available throughout the state and is administered by Missouri Clean Energy Fund, LLC. The Missouri Energy Savings Program, available in St. Louis County, is administered by Energy Equity Funding through a contract with the St. Louis County Clean Energy Development Board. The City of St. Louis has created a program called Set the PACE St. Louis which is administered by Energy Equity Funding. Municipalities may belong to more than one clean energy district.

Local governments who participate in a PACE program give their commercial and residential property owners access to funding for energy efficiency projects, renewable energy projects and water conservation projects, – with no cost or liability for the sponsoring municipality and without using any public funds. Property owners can receive 100% of their project cost upfront and then repay the financing through annual property assessments over the course of 10 to 20 years. The lien provides strong debt collateral in the event a property owner defaults on the assessment. Additionally, since the financing is tied to the property, upon its sale the remaining tax liability transfers with ownership and the energy savings are passed along to the next owner.

The Board expressed their gratitude to staff for pursuing and that the program would be beneficial to Clayton.

City Manager Gipson added that the link to the program information will be available on the City’s webpage.

Alderman Boulton introduced Bill No. 6812, to authorize the City to join the Missouri Clean Energy District, Show Me Pace Clean Energy District, and Missouri Energy Savings Program pursuant to the Property Assessment Clean Energy Act to be read for the first time by title only. Alderman Lintz seconded.

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City Attorney O’Keefe reads Bill No. 6812, first reading, the City of Clayton, Missouri, Property Assessed Clean Energy Ordinance Authorizing the City to Join the Show Me Pace Clean Energy District, the Missouri Clean Energy District, and the Missouri Energy Savings Program Pursuant to the Missouri “Property Assessed Clean Energy Act”; Stating the Terms Under Which the City Will Conduct Activities as a Member of Such Districts, and Approving Related Cooperative Agreements and Bylaws 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. 6812 on the day of its introduction. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

City Attorney O’Keefe reads Bill No. 6812, second reading, the City of Clayton, Missouri, Property Assessed Clean Energy Ordinance Authorizing the City to Join the Show Me Pace Clean Energy District, the Missouri Clean Energy District, and the Missouri Energy Savings Program Pursuant to the Missouri “Property Assessed Clean Energy Act”; Stating the Terms Under Which the City Will Conduct Activities as a Member of Such Districts, and Approving Related Cooperative Agreements and Bylaws 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. 6672 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT WITH L.F. KRUPP CONSTRUCTION, INC. DBA KRUPP CONSTRUCTION FOR THE MARYLAND AVE RESURFACING CONTRACT

City Manager Gipson reported that the Public Works Department is requesting approval of a construction contract for the federally funded Maryland Avenue Resurfacing Project with L.F. Krupp Construction, Inc. d/b/a Krupp Construction. This project includes the mill and asphalt overlay on Maryland Avenue from Hanley to the western city limits near Gay Avenue; replacement of curb ramps to come into ADA compliance; updates to select pedestrian signals for ADA compliance; brick paver crosswalks; installation of parking protected bicycle lanes from Hanley to Forsyth, and bicycle markings and signs.

Five bids were opened on October 22, 2020, and Krupp Construction submitted the lowest, responsive, responsible base bid in the amount of $1,454,378.95. The final engineer’s estimate for this work was $1,506,217.00. The second low bid came from Gershenson Construction at $1,500,155.31.

City Staff recommends approval of the construction contract with Krupp Construction.

In response to the Board’s questions, Matt Malick stated that the cost is budgeted; notifications will be sent according to the timeline; and that the proposed bike lanes would be the last installed upon completion.

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Alderman Berkowitz mentioned that it would be important to notify David Belsky, President at Rodemyer-Christel, Inc., who manages the commercial building(s) along Maryland of the proposed project timeline.

Alderman Boulton introduced Bill No. 6813, to approve a contract with Krupp Construction for the Maryland Avenue Resurfacing Project to be read for the first time by title only. Alderman Lintz seconded.

City Attorney O’Keefe reads Bill No. 6813, first reading, an Ordinance Approving a Contract With LF. Krupp Construction, Inc. DBA Krupp Construction for the Maryland Avenue Resurfacing Contract 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. 6813 on the day of its introduction. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

Other

Alderman Boulton reported on the following: • CCEC-Law Enforcement SubCommittee Meeting - Court Clerk Rico Jones provided a presentation on the municipal court program.

Alderman Lintz reported on the following: • Plan Commission/ARB – M1 Bank (PNC Tower) project.; Bemiston Place project.

Alderman Berkowitz reported on the following: • Parks & Recreation – end of season reports was provided on the tennis courts and the pool; Patty DeForrest provided an update on the open/closed parks as it relates to staff’s availability to clean any of the open parks.

Alderman McAndrew reported on the following: • Shaw Park pool – surveys indicate positive use during the pandemic.

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• CCF Board of Director meeting – welcomed new members, more diverse group • School District of Clayton – participated in the search process for a new superintendent • CRSWC

Alderman Buse reported on the following: • School District of Clayton – participated in the stakeholders focus group for the superintendent search. • CCEC

Alderman Sokol announced that his family welcomed a new granddaughter.

There being no further regular business the meeting adjourned at 9:01 p.m.

____________________________

Mayor ATTEST: ____________________________ City Clerk

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December 8, 2020 — Meeting Minutes