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August 13, 2019 — Meeting Minutes

These are the minutes of the City of Clayton Board of Aldermen meeting held August 13, 2019. The excerpts record attendance and approval of prior minutes, certification of the August 6, 2019 municipal election naming Susan Bradley Buse as Ward II alderman with 74 votes (90.24%), and a public hearing (continued) on proposed amendments to the Planned Unit Development zoning regulations including discussion of mixed‑use percentage language and a motion to table the ordinance. The excerpts also record discussion and votes related to consideration of a purchase and sale agreement for 8049 Forsyth Boulevard, including board members’ questions about prior RFPs, parking/garage design, project economics, and statements of support or concern; no final sale figure is shown in the excerpts.
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08-13-19 BOA Minutes August 13, 2019 Page 1 of 11

THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue August 13, 2019 7:00 p.m.

Minutes

Mayor Harris called the meeting to order and requested a roll call. The following individuals were in attendance:

Aldermen: Mark Winings, Rich Lintz, Joanne Boulton, Ira Berkowitz, and Bridget McAndrew.

Mayor Harris Interim City Manager Watson City Attorney O’Keefe

Motion made by Alderman Lintz to approve the July 23, 2019 minutes. Alderman Boulton seconded.

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

MOTION – CERTIFICATION OF AUGUST 6, 2019 MUNICIPAL ELECTION

Interim City Manager Watson reported that on August 6, 2019, a municipal election was held to fill the Ward II vacancy of Alderman. The Ward II Alderman will serve the remainder of the unexpired term, which ends April 2020.

The results of the municipal election per the Board of Election Commissioners of St. Louis County are as follows:

Ward II – Susan Bradley Buse, 74 votes, 90.24% of votes cast for the position

Recommendation is to certify the canvassed results of the August 6, 2019 municipal election, declaring Susan Bradley Buse as Ward II Alderman to serve an unexpired term ending April

Commission’s certification of the August 6, 2019 Municipal Election results. Alderman Winings seconded.

City Clerk Frazier swore in Susan Bradley Buse, Ward 2 Alderman.

7:09 p.m. Alderman Buse took her place with the Board at the dias.

PUBLIC REQUESTS AND PETITIONS

None

Alderman Buse took her place with the Board at the dias. PUBLIC REQUESTS AND PETITIONS

None

08-13-19 BOA Minutes August 13, 2019 Page 2 of 11

A PUBLIC HEARING (FOR DISCUSSION ONLY) – AN ORDINANCE TO CONSIDER AMENDING TITLE IV “LAND USE”, CHAPTER 405 (ZONING REGULATIONS) OF THE MUNICIPAL CODE OF THE CITY OF CLAYTON, MISSOURI, ARTICLE X “PLANNED UNIT DEVELOPMENT DISTRICT”

Mayor Harris noted that the Public Hearing remains opens.

Interim City Manager Watson reported that this item was continued from the July 23, 2019 Board of Aldermen meeting until all the Board members could be present for the Public Hearing.

This a public hearing to solicit input regarding a staff-initiated amendment to Chapter 405 (Zoning Regulations) Article X. Planned Unit Development District. Staff and the City Attorney’s office have identified areas of the regulations that are unclear, contradictory to other code required processes and in general, need updating.

Commencing on May 6, 2019, the City of Clayton Plan Commission has held six public hearings on these items and on July 15, 2019 recommended unanimous approval of the attached ordinance. The Board of Aldermen have, commencing on May 28, have held five public hearings on this item.

Alderman Boulton expressed concern regarding Section 405.1370 - Mixed Use requirements and that the absence of the percentages (i.e. 80%) could lead to non-mixed uses.

Susan Istenes, Planning Director, confirmed that the Plan Commission recommended removing the percentages; but stressed that there is no change in the requirement to have retail and other non- residential uses located on the ground floor.

Alderman Berkowitz commented that we could find mixed-use(s) in several different ways, (i.e. rooftop restaurant).

Alderman Lintz added that the rationale of the percentages depends on the size of the building(s); there are many retail establishments that only need a small space. Therefore, the intent is to get traffic on the street. His opinion is that forcing a larger percentage that must be distributed among the building seems to be taking the intent further than originally had.

Motion made by Alderman Boulton to amend Section 405.1370, D – “…allows for mixed use development. The no use exceeds 90% of the gross floor area of the primary structure...” Alderman Berkowitz seconded.

Alderman Winings expressed concern that placing a percentage on the requirements will “tie their hands’ he will be voting against the amendment.

Alderman Boulton withdrew the motion.

Mayor Harris closed the public hearing.

Motion made by Alderman Winings to table Bill No. 6734.1, an ordinance to consider amending Title IV “Land Use”, Chapter 405 (Zoning Regulations) of the Municipal Code of the City of Clayton, Missouri, Article X “Planned Unit Development District” until a future meeting. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER APPROVING A PURCHASE AND SALE AGREEMENT FOR 8049 FORSYTH BOULEVARD

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