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BULLET St. Louis City Ordinance 67477

St. Louis City Ordinances have been converted to electronic format by the staff of the St. Louis Public Library. There may be maps or illustrations (graphics) that are not available in this format. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Ordinances may be obtained from the Register's Office at the St. Louis City Hall.



FLOOR SUBSTITUTE

BOARD BILL NO. [06] 376

INTRODUCED BY ALDERMAN JOSEPH D. RODDY, PHYLLIS YOUNG, JOSEPH VOLLMER, ALFRED WESSELS, JR., LYDA KREWSON, APRIL FORD GRIFFIN, DIONNE FLOWERS, FREEMAN BOSLEY, SR., GREGORY CARTER, O. L. SHELTON


AN ORDINANCE RELATING TO PARKS; RECOMMENDED BY THE BOARD OF ESTIMATE AND APPORTIONMENT AND THE BOARD OF PUBLIC SERVICE PROVIDING FOR A FURTHER AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF ST. LOUIS AND BARNES-JEWISH HOSPITAL (FORMERLY KNOWN AS BARNES HOSPITAL) AS ORIGINALLY AUTHORIZED BY ORDINANCE NO. 56576, AS AMENDED BY ORDINANCE NO. 58982; CONFIRMING THE PRIOR AGREEMENT AS AMENDED, EXTENDING THE TERM OF SAID LEASE AGREEMENT, PERMITTING DEVELOPMENT OF THE LEASED PREMISES, PROVIDING FOR THE CREATION OF A SPECIAL FUND TO BE KNOWN AS THE NEIGHBORHOOD PARK FUND FOR THE PURPOSE OF FUNDING CERTAIN PARK CAPITAL IMPROVMENTS AND RECREATIONAL PURPOSES THROUGHOUT THE CITY;PROVIDING FOR THE EXECUTION OF A BJH MAINTENANCE TRUST AGREEMENT AND A FPF MAINTENANCE TRUST AND COOPERATION AGREEMENTS AND GOVERNING DONATIONS THEREUNDER AND PROVIDING FOR THE EXECUTION OF AN EASEMENT AGREEMENT AND A MAINTENANCE COOPERATION AGREEMENT; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS AND OTHER ACTIONS; AND CONTAINING AN EMERGENCY CLAUSE.

WHEREAS, by Ordinance 56576, approved July 17, 1973, the City of St. Louis, Missouri (the “City”) was authorized to enter into an Agreement providing for the development of a sub-surface parking facility in an area generally bordered by Euclid, Kingshighway, Barnes Hospital Plaza and Clayton Avenue (the “Leased Premises”);

WHEREAS, pursuant to Ordinance 56576, the City entered into said Agreement and a lease of such area with Barnes Hospital, a not-for-profit corporation of the State of Missouri (now known as Barnes-Jewish Hospital, “BJH”), as lessee (“Original Lease”);

WHEREAS, said sub-surface parking facility was constructed by Barnes Hospital and is currently operated by BJH;

WHEREAS, pursuant to the Original Lease, Barnes Hospital restored the surface of said sub-surface parking facility consistent with public park purposes;

WHEREAS, by Ordinance 58982, approved December 7, 1983, an Amendment to Agreement amending the Original Lease was authorized extending the term of the Original Lease, expanding the area of the Leased Premises thereunder and providing for further development of the sub-surface parking garage (“First Amendment”);

WHEREAS, pursuant to Ordinance 58982, the City entered into said First Amendment with Barnes Hospital to memorialize their understandings effective as of the date of Ordinance 58982;

WHEREAS, BJH is a successor in interest to Barnes Hospital under the Original Lease, as amended by the First Amendment;

WHEREAS, BJH is committed to the City and for over 100 years BJH (and its predecessors, Barnes Hospital and Jewish Hospital) has provided health-care services to the St. Louis community;

WHEREAS, BJH has remained, invested and grown in the City even as many other hospitals relocated to St. Louis County and beyond;

WHEREAS, BJH consistently provides more charity care than any other hospital in the State of Missouri and in 2004 alone, BJC HealthCare hospitals provided more than $160 million in charity and uncompensated care;

WHEREAS, BJH is the only adult hospital within the City limits that delivers babies;

WHEREAS, BJC HealthCare, parent of BJH, maintains its corporate headquarters in the City;

WHEREAS, over 15,000 of BJC HealthCare’s 26,000 employees are based in the City, providing the City with approximately $5 million in annual earnings taxes;

WHEREAS, BJH was once again ranked among one of the ten best hospitals in America by US News & World Report;

WHEREAS, BJH and BJC have been good neighbors and partners with the Forest Park Southeast and Central West End neighborhoods, providing more than $50,000,000 in grants and investments over the past several decades;

WHEREAS, BJH and affiliated institutions, including St. Louis Children’s Hospital, provide vital services to the residents of the City and the expansion of its operations and facilities will greatly improve the provision of said services;

WHEREAS, BJH desires to improve further its existing buildings and facilities and to replace, erect or install permanent improvements upon the Leased Premises as an integral part of the operations of BJH and its affiliated institutions and has agreed that not less than 15% of the Leased Premises shall be maintained as green space;

WHEREAS, the Leased Premises are remote from the rest of Forest Park by virtue of being separated from the rest of Forest Park by Kingshighway;

WHEREAS, BJH and the City desire to improve the maintenance of Forest Park by increasing the funds available for such maintenance, the City is desirous of establishing a long-term funding mechanism for the maintenance of Forest Park in order to meet the policy guidelines of the Forest Park Master Plan, and as a result, BJH will make contributions to the maintenance of Forest Park which are to be governed by a BJH Maintenance Trust Agreement (as hereinafter defined);

WHEREAS, after consideration and action by the Forest Park Advisory Board and the Planning Commission, the Amended and Restated Lease (as hereinafter defined) complies with the Forest Park Master Plan and the City’s Strategic Land Use Plan and requires no further approval by the Forest Park Advisory Board, the Planning Commission and any other now existing or hereafter created similar and/or successor organizations;

WHEREAS, this Ordinance has been recommended by the Board of Estimate and Apportionment and by the Board of Public Service;

WHEREAS, the Amended and Restated Lease (as hereinafter defined) has been approved by the City Counselor; and

WHEREAS, the Board of Aldermen finds that it is in the best interest of the City to authorize and direct the Mayor and the Comptroller to execute and enter into a “Second Amendment to Agreement,” which is an amendment and restatement with BJH of the Original Lease as amended by the First Amendment, and which provides for an extension of the term of the lease, an expansion of the authorized uses of the Leased Premises under the lease, an Easement (as hereinafter defined) granting continued pedestrian and vehicular access to Kingshighway via Clayton Avenue, Euclid and Barnes-Jewish Hospital Plaza, the obligation of BJH to make a contribution to fund certain costs of relocating the park improvements currently located on the Leased Premises and for other public works; and to authorize and direct the Mayor and the Comptroller to execute and enter into a BJH Maintenance Trust Agreement (as hereinafter defined) providing for specified donations by BJH and the dedication of such donations in trust for the maintenance of Forest Park, all as hereinafter provided, and a FPF Maintenance Trust Agreement and a Maintenance Cooperation Agreement (both as hereinafter defined) with Forest Park Forever, Inc.

BE IT ORDAINED BY THE CITY OF ST. LOUIS AS FOLLOWS:

SECTION ONE. Amended and Restated Lease. The Mayor and the Comptroller of the City shall be and hereby are authorized and directed to enter into that certain Second Amendment to Agreement (the “Amended and Restated Lease”) in substantially the form attached hereto as Exhibit 1, incorporated herein and made a part of this Ordinance by this reference, by and between the City, as lessor, and Barnes-Jewish Hospital (“BJH”), as lessee, which provides for an extension of the term of the Original Lease as amended by the First Amendment, an expansion of the authorized uses of the Leased Premises under the lease, an easement granting continued pedestrian and vehicular access to Kingshighway via Clayton Avenue and Euclid (the “Easement”), the obligation of BJH to make contributions to fund certain costs to relocate the park improvements currently located on the Leased Premises and providing for other public works, as described in such Amended and Restated Lease.

SECTION TWO. Rent. All rental payments under Section 4 of said Amended and Restated Lease shall be held by the Comptroller of the City in an account for the use and benefit of the Department of Parks, Recreation and Forestry of the City as provided in the Amended and Restated Lease.

SECTION THREE. BJH Maintenance Trust Agreement; FPF Maintenance Trust Agreement, Maintenance Cooperation Agreement. The Mayor and the Comptroller of the City are hereby authorized and directed to enter into that certain BJH Maintenance Trust Agreement (the “BJH Maintenance Trust Agreement”) in substantially the form attached hereto as Exhibit 2, incorporated herein and made a part of this Ordinance by this reference, by and among the City, BJH, and the trustee named therein, which provides for payments of the cost of maintaining Forest Park, as described in such BJH Maintenance Trust Agreement, for purposes as set forth in such BJH Maintenance Trust Agreement. The Mayor and the Comptroller of the City are hereby authorized and directed to enter into that certain FPF Maintenance Trust Agreement (the “FPF Maintenance Trust Agreement”) in substantially the form attached hereto as Exhibit 3, incorporated herein and made a part of this Ordinance by this reference, by and among the City, Forest Park Forever, Inc., a Missouri not-for-profit corporation, and the trustee name therein, which provided for payments of a portion of the cost of in maintaining Forest Park, as described in such FPF Maintenance Trust Agreement, for the purposes as set forth in such FPF Maintenance Trust Agreement. The Mayor and the Comptroller of the City are hereby authorized and directed to enter into that certain Maintenance Cooperation Agreement (the “Maintenance Cooperation Agreement”) in substantially the form attached hereto as Exhibit 4, incorporated herein and made a part of this Ordinance by this reference, by and between the City and Forest Park Forever, Inc., a Missouri not-for-profit corporation, which provides for certain shared responsibilities for maintaining Forest Park, as described in such Maintenance Cooperation Agreement, for purposes as set forth in such Maintenance Cooperation Agreement.

SECTION FOUR. All donations under the BJH Maintenance Trust Agreement and FPF Maintenance Trust Agreement shall be held by the trustee named therein, and shall be invested and disbursed as provided in said agreements.

SECTION FIVE. Public Works. The design, installation and performance of the Public Works, as described and provided for in Section 5 of the Amended and Restated Lease are hereby authorized, to wit: (a) the study, design and performance of road work, in connection with the improvement of vehicular, pedestrian and bike access to Clayton Avenue in order to improve access to and from Forest Park and to coordinate with the changes being made to Kingshighway and the ramp from westbound I-64/40 to northbound Kingshighway and the reconstruction and improvement of Clayton Avenue from Euclid to McKinley/Wilken and McKinley Wilken to I-64/40; and (b) funding the cost to relocate the playground equipment currently located in Hudlin Park and the installation of tennis courts on the portion of Forest Park south of Clayton Avenue, east of Kingshighway and north of I-64/40, fund the restoration, improvement and lighting of existing tennis courts at AAA, name them in honor of Richard Hudlin make them available for public access and to fund the construction and restoration of new and/or existing handball facilities in the area immediately adjacent to Lindell Pavilion. The estimated cost of these Public Works as established by the City’s Board of Public Service is $1,500,000 and shall be paid out of the payment to be made by BJH pursuant to Section 5 of the Amended and Restated Lease and from the funds on deposit in the hereinafter created Barnes-Jewish Hospital Forest Park Public Works Account. Such work shall be done using materials specified by the Board of Public Service, and in accordance with detailed plans and specifications finally adopted and approved by the Board of Public Service before bids are advertised therefor.

SECTION SIX. Public Works Account. A Barnes-Jewish Hospital Forest Park Public Works Account is hereby established in the Special Park Fund established by Ordinance 51336 and referred to as the Forest Park Fund by Ordinance 61988 and the funds paid by BJH pursuant to Section 5 of said Amended and Restated Lease shall be deposited therein.

SECTION SEVEN. Easement. The Mayor and the Comptroller of the City of St. Louis are hereby authorized and directed to enter into that certain Easement (the “Easement”) in substantially the form attached hereto as Exhibit 5, incorporated herein and made a part of this Ordinance by this reference, by and between the City of St. Louis and Barnes-Jewish Hospital, which provides for continued pedestrian and vehicular access to Kingshighway from Clayton Avenue through Forest Park, whereby Clayton Avenue will remain open to two-way vehicular traffic, and also provides for access to Kingshighway via Euclid and Barnes-Jewish Hospital Plaza and provides for an easement to install and maintain utilities.

SECTION EIGHT. The Director of Parks, Recreation and Forestry and the Budget Division are directed to include in the City budget to be prepared for Fiscal Year 2008 the sum of One Million Six Hundred Thousand Dollars ($1,600,000) from General Revenue, to be appropriated conditioned on payment by BJH of its initial payment to the BJH Maintenance Trust, and in every year thereafter in which such BJH payment is made, for payment to a special fund, hereby created, to be known as the Neighborhood Park Fund. Moneys in the Neighborhood Park Fund may be expended solely (i) in Fiscal Year 2008, for the acquisition and improvement of land and facilities for park and recreational use within a one and one-half mile radius of the Leased Premises; and (ii) in each Fiscal Year thereafter, as follows” a) One Million Two Hundred Thousand Dollars ($1,200,000) thereof for park capital improvement projects and recreation purposes throughout the City with at least Fifty percent (50%) of the One Million Two Hundred Thousand Dollars ($1,200,000) to be spent on parks that are located north of Delmar Boulevard in the City; b) Three Hundred Thousand dollars ($300,000) thereof for recreational programs administered by the Director of Parks, Recreation and Forestry for children throughout the City; c) One Hundred Thousand Dollars for a program to be administered by the Director of Parks, Recreation and Forestry to provide access for low-income children, as determined by such Director, to fee-based non-public recreational programs selected by such Director in the City. As part of the annual budget preparation process, the Director of Parks, Recreation and Forestry shall submit to the Budget Division recommendations for expenditure of revenues in the Neighborhood Park Fund; provided, said recommendations shall be approved by resolution of the Parks and Environmental Matters Committee of the Board of Aldermen prior to their submission to the Budget Division.

SECTION NINE. Further Action. The Mayor and the Comptroller, and the other appropriate officers, agents and employees of the City, upon the recommendation of the Board of Estimate and Apportionment, are hereby authorized and directed to take such other and further action, and to execute, deliver and file such other and further documents, certificates and instruments not inconsistent herewith as may be necessary or desirable to carry out and comply with the intent of this Ordinance, and to carry out, comply with and perform the duties of the City with respect to the Amended and Restated Lease, the BJH Maintenance Trust Agreement, the FPF Maintenance Trust Agreement, the Maintenance Cooperation Agreement and the Easement.

SECTION TEN. This being an Ordinance providing in part for public works and improvements, it is hereby declared to be an emergency measure pursuant to Article IV Sections 19 and 20 of the Charter of the City, and shall take effect immediately upon approval by the Mayor or its adoption over his disapproval.

ADDENDUM TO
LEASE AGREEMENT BETWEEN THE CITY OF
ST. LOUIS, MISSOURI AND BARNES-JEWISH HOSPITAL

This Addendum is made and entered into as of February ___, 2007 by and between the City of St. Louis, Missouri (the ACity@) and Barnes-Jewish Hospital, a not-for-profit corporation of the State of Missouri (now known as Barnes-Jewish Hospital, ABJH@).

WITNESSETH:

WHEREAS, by Ordinance 56576, approved July 17, 1973, the City was authorized to enter into an Agreement providing for the development of a sub-surface parking facility in an area generally bordered by Euclid, Kingshighway, Barnes Hospital Plaza and Clayton Avenue (the ALeased Premises@);

WHEREAS, pursuant to Ordinance 56576, the City entered into said Agreement and a lease of such area with Barnes Hospital, as lessee (AOriginal Lease@);

WHEREAS, by Ordinance 58982, approved December 7, 1983, an Amendment to Agreement amending the Original Lease was authorized extending the term of the Original Lease, expanding the use of the Leased Premises thereunder and providing for further development of the sub-surface parking facility (AFirst Amendment@);

WHEREAS, the City and BJH wish to further amend the Lease to replace, erect or install permit improvements upon the Leased Premises pursuant to a Second Amendment to Agreement, to be dated __________, 2007, (the ASecond Amendment@);

WHEREAS, this Addendum supplements the Second Amendment by providing additional terms and conditions which are set forth below:

NOW, THEREFORE, in consideration of the premises and of the mutual promises, undertakings and agreements hereinafter set forth, the receipt and sufficiency of which is acknowledged, and as further consideration for the City to enter into Second Amendment, the parties agree to add the following terms and conditions to the Second Amendment:

A. BJH will ensure and support appropriate workforce development, qualified minority business enterprises (MBEs) and qualified women=s business enterprises (WBEs) participation in conjunction with the development of the Leased Premises that includes providing for at least twenty-five percent (25%) of all work for the project as a whole to be performed by MBEs and at least five percent (5%) of all work to be performed by WBEs.

B. BJH will work in collaboration with the members of the Aldermanic Black Caucus to identify and gain support for the development of an appropriate north side site to develop a 24-hour medical emergency center. The research of options and opportunities will begin as soon as possible and the goal is to develop a plan for such a development no later than December 2008. 

C. BJH will support the establishment of and participation in a “Green Ribbon Panel” to update the Forest Park Master Plan, help identify other sources of funding for Forest Park and review the precepts of the Forest Park Master Plan.

D. BJH will establish a “Community Input Panel” to serve in a consultative and advisory role in conjunction with the development of the 9.4 acre leased site. The Panel will include representatives from the aldermen whose wards include sections of Forest Park; Citizens to Protect Forest Park; members of the Forest Park Southeast and the Central West End neighborhoods; and Forest Park Forever. BJH will be responsible for staffing this panel.

Legislative History
1ST READING REF TO COMM COMMITTEE COMM SUB COMM AMEND
01/11/07
2ND READING FLOOR AMEND FLOOR SUB PERFECTN PASSAGE
ORDINANCE VETOED VETO OVR SIGNED BY MAYOR
67477

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