October 13, 2020 — Meeting Minutes

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THE CITY OF CLAYTON

Board of Aldermen Virtual Zoom Meeting October 13, 2020 7:06 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 were in attendance:

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, 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 September 22, 2020 minutes. Alderman Lintz seconded.

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

PUBLIC REQUESTS AND PETITIONS

Chief Mark Smith provided a presentation on body cameras. Lieutenant Al Thuet demonstrated the use of the body cameras.

A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO THE APPROVED PLANS FOR DEVELOPMENT OF A PORTION OF THE SPECIAL DEVELOPMENT DISTRICT PLAN TO ALLOW A HOTEL ON THE PROPERTY AT 8125 FORSYTH BOULEVARD

Mayor Harris opened the Public Hearing and requested proof of publication.

City Manager Gipson reported that the subject property is a 0.52-acre site located on the north side of Forsyth Boulevard between Brentwood Boulevard and Maryland Avenue, and has a zoning designation of Special Development District (SDD). It is identified on the adopted land use plan as “Parcel III” and designated as subdistrict “Phase 5” of the Special Development District approved plan. As part of the SDD ordinance, the individual parcels on the block were to be developed in phases in accordance with general development standards for height, size and parking found in the

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Special Development Plan. The subject property is now improved with a two-story commercial building that was constructed in 1947 and is currently vacant. Adjacent land uses include retail, office and Shaw Park to the south.

Since approval of the rezoning in 1982 via Ordinance No. 4220 and “minor technical changes” via Ordinance No. 5461 in 1998 and Ordinance No. 5485 in 1999, four office buildings and a shared parking structure have been constructed. Two parcels, including the subject property, have not yet been redeveloped. The property is subject to the use, area, height, and parking requirements which are specified in the approved Special Development Plan.

Tonight’s request is to amend the approved Special Development Plan to add “Hotel” as a permitted land use for Phase 5 so the site can be redeveloped. The completion date will also be updated. The specific amendment is to add hotel as a permissible land use (in addition to the already permissible “office” land use) to allow the development of a hotel on what is identified on the adopted Special Development Plan as Phase 5, and update the proposed completion date specified for Phase 5 from “1987-1995” to “2022-2024” to coincide with the developer’s schedule.

Gary Feder, Attorney, Husch Blackwell, representing the owners of the Shaw Park Plaza, addressed the Board commenting that they have no objection to the hotel project.

Mayor Harris closed the Public Hearing.

Alderman Boulton introduced Bill No. 6807, an ordinance to approve an amendment to the Special Development District for property at 8125 Forsyth Boulevard to allow for a hotel use to be read for the first time by title only.

City Attorney O’Keefe reads Bill No. 6807, first reading, an Ordinance Amending the Forsyth Center Special Development District and Special Development Plan Adopted by Ordinance No. 4220, as Amended, to Approve a Hotel as a Permissible Land Use at 8125 Forsyth Boulevard in Subdistrict Phase 5 and Amending the Completion Date of Subdistrict Phase 5 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. 6807 on the day of its introduction. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

City Attorney O’Keefe reads Bill No. 6807, second reading, an Ordinance Amending the Forsyth Center Special Development District and Special Development Plan Adopted by Ordinance No. 4220, as Amended, to Approve a Hotel as a Permissible Land Use at 8125 Forsyth Boulevard in Subdistrict Phase 5 and Amending the Completion Date of Subdistrict Phase 5 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. 6667 of the City of Clayton.

AN ORDINANCE TO CONSIDER ADOPTING A SPECIAL DEVELOPMENT SUBDISTRICT PLAN FOR PHASE 5 PARCEL NUMBER III SUBDISTRICT TO BE KNOWN AS THE FORSYTH CENTER DEVELOPMENT

City Manager Gipson reported that the subject property and subdistrict are identified on the Forsyth Center Special Development District (SDD) Land Use Plan as Phase 5 Parcel Number III located at 8125 Forsyth Boulevard.

Matt Malick, Director of Public Works, addressed the Board commenting on the traffic study and the curb design.

Lee Cannon, CBB, Traffic Study, addressed the Board to answer questions regarding the traffic study. He explained the differences in the curb design.

David Robert, CEO, Midas Hospitality, addressed the Board to answer questions. He explained the following: (1) entrance and exit point(s) on the development; (2) If LEED certified, it would be at Level 1, but will look into further; (3) the hotel bar will be open to the public that includes outdoor seating.

Chris Shinkle, Sr. Director of Development, Midas Hospitality, was present to answer questions.

Brad Cytron, Attorney, representative of Midas Hospitality, was present to answer questions.

Gary Feder, Attorney, Husch Blackwell, representing Shaw Park Plaza, addressed the Board stating that they are favorable of the hotel and have no objections to the project. He requests that they would like to have a conversation on proposing a parking agreement regarding the parking spaces (i.e. where and how they will be used) which is a matter to be included as a condition of approval.

Mr. Robert asked for clarification and requirement of the number of approved parking spaces; 141 versus 165.

City Manager Gipson confirmed that 141 parking spaces is required.

Alderman Boulton introduced Bill No. 6808, an ordinance to approve a Special Development Subdistrict Plan for Subdistrict/Phase 5 Parcel Number 3 to be read for the first time by title only. Alderman Lintz seconded.

City Attorney O’Keefe reads Bill No. 6808, first reading, an Ordinance approving a Subdistrict Development Plan for Subdistrict/Phase 5 of the Forsyth Center Special Development District, and Other Actions Related Thereto by title only.

The motion passed unanimously on a voice vote.

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Motion made by Alderman Boulton that the Board give unanimous consent to consideration for adoption of Bill No. 6808 on the day of its introduction. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

Alderman Boulton introduced Bill No. 6808, an ordinance to approve a Special Development Subdistrict Plan for Subdistrict/Phase 5 Parcel Number 3 to be read for the second time by title only.

City Attorney O’Keefe reads Bill No. 6808, second reading, an Ordinance approving a Subdistrict Development Plan for Subdistrict/Phase 5 of the Forsyth Center Special Development District, and Other Actions Related Thereto by title only.

AN ORDINANCE TO CONSIDER PROVIDING FOR THE APPROVAL AND EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CLAYTON AND THE EASTERN MISSOURI COALITION OF POLICE, FRATERNAL ORDER OF POLICE LODGE 15

City Manager Gipson reported that the bargaining representatives have met, discussed, and agreed upon a Collective Bargaining Agreement which contains a resolution of those issues that affect the wages and terms and conditions of the Union members’ employment. The police union members have ratified this agreement and it is now being presented to the Board of Aldermen for approval.

Alderman Buse expressed concern related to bullet point item “Length of service shall be the primary and controlling determiner when selecting Union members for lay-offs” and asked that they be aware that this may be a concern when trying to be diverse.

Alderman Boulton introduced Bill No. 6809, an ordinance to approve a Collective Bargaining Agreement for the Police Union to be read for the first time by title only. Alderman Lintz seconded.

City Attorney O’Keefe reads Bill No. 6809, first reading, an Ordinance Authorizing the City Manager to Execute an Agreement with the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 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. 6809 on the day of its introduction. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

Alderman Boulton introduced Bill No. 6809, an ordinance to approve a Collective Bargaining Agreement for the Police Union to be read for the second time by title only.

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City Attorney O’Keefe reads Bill No. 6809, second reading, an Ordinance Authorizing the City Manager to Execute an Agreement with the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 by title only.

AN ORDINANCE TO CONSIDER AN AMENDMENT TO CHAPTER 350 PARKING REGULATIONS OF THE CITY CODE

City Manager Gipson reported that the proposed ordinance amends Articles IV and V of Chapter 350 of Title III of the Code of Ordinances. The proposed approval will permanently codify the emergency measure implementing curbside parking spaces for restaurant and retail pickup.

In response to the Board’s question, City Manager Gipson explained that the fee is $100 (permit application) and each year with a request for renewal. If the business has a valet permit and would like to use the same space for curbside pickup parking, there is no additional fee imposed (i.e. no double fee, can be used for one or the other).

Alderman Boulton introduced Bill No. 6810, an ordinance to approve an amendment to Chapter 350, Parking Regulation adding Curbside Pickup Parking Zones to be read for the first time by title only. Alderman Lintz seconded.

City Attorney O’Keefe reads Bill No. 6810, first reading, an Ordinance Amending Chapter 350 of the Clayton City Code Relating to Parking Restrictions and Enforcement to Provide for Curbside Delivery Zones in Commercial Areas 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. 6810 on the day of its introduction. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

Alderman Boulton introduced Bill No. 6810, an ordinance to approve an amendment to Chapter 350, Parking Regulation adding Curbside Pickup Parking Zones to be read for the second time by title only.

City Attorney O’Keefe reads Bill No. 6810, second reading, an Ordinance Amending Chapter 350 of the Clayton City Code Relating to Parking Restrictions and Enforcement to Provide for Curbside Delivery Zones in Commercial Areas by title only.

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AN ORDINANCE TO CONSIDER APPROVING A LEASE AGREEMENT BETWEEN ST. LOUIS COUNTY PORT AUTHORITY AND CITY OF CLAYTON

City Manager Gipson reported that on April 28, 2005 the City entered into a lease with St. Louis County, Missouri to maintain a public parking lot on land bound by Carondelet Avenue on the south, Central Avenue on the west, Bemiston Avenue on the east, and the mid-block east west alley between Central Avenue and Bemiston Avenue on the north. The lease required the City to maintain approximately one hundred fifty (150) public parking spaces on the site and share equally the gross revenue with the County. On February 24, 2017 St. Louis County transferred ownership of the land to the St. Louis County Port Authority. The City entered into a new agreement with the Port Authority now on March 14, 2017. The Port Authority has transferred ownership of the land back to St. Louis County who wishes to enter into a new agreement with the City.

Alderman Boulton introduced Bill No. 6811, an ordinance to approve a lease agreement with St. Louis County for parking operations to be read for the first time by title only. Alderman Lintz seconded.

City Attorney O’Keefe reads Bill No. 6811, first reading, an Ordinance Authorizing the City to Execute a Lease with St. Louis County in Connection with a Surface Parking Lot 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. 6811 on the day of its introduction. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

Alderman Boulton introduced Bill No. 6811, an ordinance to approve a lease agreement with St. Louis County for parking operations to be read for the second time by title only.

City Attorney O’Keefe reads Bill No. 6811, first reading, an Ordinance Authorizing the City to Execute a Lease with St. Louis County in Connection with a Surface Parking Lot by title only.

DISCUSSION RELATIVE TO TENTS FOR BUSINESSES

City Manager Gipson reported that the St. Louis County Department of Health recently increased the occupancy limit for businesses and restaurants from 25% to 50%. While this will benefit our local business owners, there is still concern about the upcoming cold weather and the loss of outdoor dining. Outdoor dining has largely become the preferred dining method for many of our restaurants and their patrons. To continue outdoor dining into the fall and winter, restaurants are inquiring about heated tent spaces.

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Tents are not currently permitted by the City’s zoning code. While the Emergency Authorization allows the City Manager to implement temporary regulations, it is prudent to discuss the proposed requirements with the Board of Aldermen prior to taking any action.

Requirements are:

• Tents shall be permitted for non-residential land uses between October 15, 2020 and March 15, 2021. • Tents shall not be erected, operated, or maintained for any purpose without first obtaining a permit and approval from the Fire Department and Building Official. • The maximum area for a tent or membrane structure shall be 1,600 square feet, unless it is located on a college/university campus. • Fabric portions of tents and canopies must be of a neutral color and may not contain any advertising. • Business owners wishing to erect a tent within the right-of-way must obtain a Right-of- Way Permit and provide insurance with the City of Clayton named as additional insured • Tents placed in the right-of-way shall not obstruct traffic lanes or pedestrian walkways. ADA accessible paths shall be maintained along any sidewalk. In the event of planned or unplanned construction or utility system maintenance, the applicant shall be responsible for relocating the tent to allow for such work to be complete. Applicant shall be responsible for cleaning the area within the tent. Tents shall not connect or attach to city infrastructure (sign poles, light poles, benches, parking meters etc…) in the right of way and shall not impact the use of such items. A tent placed within or partially within the roadway shall not occupy more than two (2) on-street parking spaces. • Applicants seeking to place a tent in the right-of-way must have an approved Outdoor Dining Permit. • A detailed site and floor plan for tents or membrane structures shall be provided with each application for approval. The tent or membrane structure floor plan shall indicate details of the means of egress facilities, seating capacity, arrangement of the seating and location and type of heating and electrical equipment. • The applicant must provide details which clearly illustrate how the structure will be fastened to resist uplift (wind) loads. • The applicant must certify that the tent structure has been designed and constructed to sustain dead loads; loads due to tension or inflation; live loads including wind, snow or flood and seismic loads. • Tents and membrane structures shall comply with all requirements of the International Fire Code and International Building Code as adopted by the City of Clayton. • All tents shall be initially inspected for compliance by the Fire Department and Planning and Development Services Department. • All tents installed for a period longer than thirty (30) days shall be inspected at regular intervals, but not less than two times per permit use period, by the permittee, owner or agent to determine that the installation is maintained in accordance with these regulations. Inspection reports shall be kept on file be the permittee and shall consist of maintenance, anchors and fabric inspections. Inspection reports must be provided to the Fire Department or Building Official upon request. • Requirements for liquid petroleum heating devices used in conjunction with tent structures are as follows:

o Portable gas-fired heating appliances must be listed for use.

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o Outdoor gas-fired heating appliances shall comply with the listed distance requirements from any combustibles. o Heating devices must be located at least five (5) feet from any exit or exit discharge. o The heating element or combustion chamber of portable outdoor gas-fired heating appliances shall be permanently guarded to prevent accidental contact by persons or material. o LP tanks must be secured to prevent accidental force knocking the supply over. o A 2A 10BC (minimum size) fire extinguisher must be located within one hundred (100) feet of the heating device at all times. o No more than fifteen (15) – 20-pound tanks shall be stored together onsite.

The Board was in consensus for staff to move forward with implementing the tent regulations.

RECOMMENDATIONS FROM THE CLAYTON COMMUNITY EQUITY COMMISSION

City Manager Gipson reported that the Clayton Community Equity Commission (CCEC) meets on the 2nd Thursday of the month. The CCEC has spent the last several meetings focusing on two primary areas – Law Enforcement and Communications. Subcommittees have been established to further explore these topics.

The Communications Subcommittee and Law Enforcement Subcommittee have both made recommendations to the entire CCEC, which has approved the following recommendations to be considered by the Board of Aldermen:

• Recommendation 1 - The City should celebrate heritage in a dedicated Community Equity Commission section in the City Views newsletter (examples were listed in the Board packet)

Staff believes that the recommendation related to the addition of a Community Equity Commission section in City Views would be easy to implement if approved by the Board of Aldermen. - The Board was in favorable consensus.

• Recommendation 2 - The CCEC recommended that the City of Clayton:

• launch a community education program regarding the problem of suspicious persons calls.

• publicize and enforce of City Ordinance 215.750, which makes it an offense to misuse the dispatch system after public warning.

• share with the Commission on a monthly basis dispatch data regarding suspicious persons calls. Additionally, the City should exercise the option for additional research and reporting services from Candorum Consulting.

Staff is of the opinion that the recommendations relative to community awareness of suspicious person calls would be an appropriate topic for the CCEC Communications Subcommittee to discuss. The monthly reporting of suspicious person call data would be difficult and expensive to acquire, sort, and report on a monthly basis. Staff believes that the City could provide the information effectively on an annual basis, but it would require

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the assistance of Candorum Consulting. It is estimated that updates to the suspicious person call report would cost approximately $1,500. If provided on annual basis, the report would act as a benchmark for the communication effort recommended by the CCEC.

The Board would like the Communication Subcommittee of the CCEC to develop a communication plan for suspicious calls. The City will perform an annual suspicious person call audit to track progress.

• Recommendation 3 – The CCEC has recommended the following modification to the City’s Mission Statement:

The mission of Clayton city government is to foster a vital, balanced, diverse and inclusive community composed of outstanding neighborhoods, quality businesses, commercial and government centers, premier educational institutions and a healthy natural environment through an open, equitable, accessible and fiscally responsible government. - The Board requests further discussion.

• Recommendation 4 – The CCEC recommended that the City of Clayton commission an independent study to examine traffic stops conducted by the Police Department. The cost of this study would be dependent upon the scope.

If the Board of Aldermen believes that a traffic stop study should be explored or conducted, staff recommends that the Law Enforcement Subcommittee and Police Department develop a scope for a traffic stop study. A cost estimate could then be presented to the Board of Aldermen for review.

The Board would like the Law Enforcement Subcommittee of the CCEC and staff to develop a scope and rationale for a traffic stop study.

Recommendation 5 – The CCEC recommends that the attached article be posted to the City’s website and communicated to the public. - The Board was in favorable consensus. Alderman Sokol pointed out small scrivener’s error in the article – “Before you make “a” call to report suspicious…….”

The final item to consider relates to direct communication to the community from a board or commission. Historically, boards and commissions have been required to make recommendations to the Board of Aldermen before information could be communicated to the public. The information would then be distributed through City channels as a City communication. To allow for the rapid development and distribution of timely information, the CCEC has requested that the City consider an expedited process for some communications. The Board was in favorable consensus with prior review by staff.

The Board of Aldermen should consider allowing boards and commissions the opportunity to place messages or communications on their website subpages, with City social media posts and/or the Clayton Connection providing links to the information. The messaging would need to be strictly informative and should not be political, controversial, or advocate on behalf of the City. All information posted to commission subpages would need to be reviewed and approved by the City Manager’s Office prior to posting. - The Board was in favorable consensus as stipulated in Board report.

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Laura Horowitz, Chris Schmiz, and Yvonne Tisdel, CEC members, were in attendance. Becky Patel, CCF, was in attendance.

Other

City Manager Gipson announced that the Friday, October 16th Discussion Session has been rescheduled to Friday, October 23rd.

City Manager Gipson reported that the businesses are favorable of continuing the outdoor dining in the streets and due to the overtime costs to the city staff is considering billing the participating businesses for those costs.

There being no further business the meeting adjourned at 9:58 p.m.

____________________________

Mayor ATTEST: ____________________________ City Clerk

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October 13, 2020 — Meeting Minutes