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November 13, 2018 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held November 13, 2018. The excerpts cover procedural actions (motions, roll-call votes, and ordinance adoptions), agenda items and public hearing material. Specific items recorded in the excerpts include: a motion to adjourn to closed session under multiple RSMo. sections (motion passed 6–1 on roll call), denial of an appeal of the Architectural Review Board’s decision (motion passed unanimously), approval of a liquor license for Virago, LLC d/b/a Lemon Shark Poke (unanimous), adoption of the 2019 Board meeting schedule (unanimous), introduction and same-day adoption of Bill No. 6697 amending the traffic code regarding autocycles (adopted as Ordinance No. 6562, unanimous roll call), and a public hearing and consideration of repealing/replacing prior ordinances to amend Centene Clayton Campus subdistrict plans to add a pedestrian bridge (discussion notes and a recusal by Alderman Winings at 7:20 p.m.).
Cited passage
2019. The Board agreed to hold the second Board of Aldermen meeting for the month of December on the 17th.

Motion made by Alderman Winings to approve the 2019 Board of Aldermen meeting schedule. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

A RESOLUTION TO CONSIDER APPROVING REVISIONS TO THE INVESTMENT POLICY STATEMENT FOR THE NON-UNIFORMED EMPLOYEES’ PENSION PLAN

Janet Watson, Director of Finance, reported that recently, the trustees of the Non-Uniformed Plan reviewed the investment policy and have recommended one minor change. The only change recommended is to the benchmark index of the core real estate strategy. The trustees recommended moving from the National Council of Real Estate Investment Fiduciaries (NCREIF) index to the NCREIF Fund Index - Open End Diversified Core Equity (NFI ODCE) index.

Motion made by Alderman Winings to approve Resolution No. 18-22, the revised Investment Policy Statement for the Non-Uniformed Employees Retirement Fund Plan. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO THE MUNICIPAL CODE ON AUTOCYCLES

Alderman Winings seconded the motion. Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew, and Mayor Sanger – Aye.

11-13-18 BOA Minutes November 13, 2018 Page 2 of 8

Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition

THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue November 13, 2018 7:00 p.m.

Minutes

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

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

Mayor Sanger City Manager Owens City Attorney O’Keefe

Motion made by Alderman Lintz to approve the October 23, 2018 minutes. Alderman Boulton seconded.

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

PUBLIC REQUESTS AND PETITIONS

None

AWARDS & RECOGNITIONS

City Manager Owens announced that the City has received (23 consecutive years) the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for FY2017.

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT WITH THE GATHERING FOR THE PURCHASE OF PROPERTY LOCATED AT 7811 MARYLAND AVENUE

City Manager Owens reported that the first reading of this was held on October 23, 2018 and tonight is the second reading of the ordinance. It is a small home set between the site of the new library and the Gathering. It is our understanding that this was previously the home for the pastor of the church. The listed price for this property is $450,000 and the City has negotiated with the property owners to purchase the property for $340,000. It is anticipated that the City can close on this property on or about November 15, 2018. Alderman Winings introduced Bill No. 6696, an ordinance to approve a contract to purchase property at 7811 Maryland Avenue to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe read Bill No. 6696, second reading, an Ordinance Authorizing the Purchase of Property Located at 7811 Maryland Avenue in Clayton, Missouri.

The motion passed (6-1) on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Nay; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew – Aye; and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6561 of the City of Clayton.

The motion passed (6-1) on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Nay; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew – Aye; and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6561 of the City of Clayton.

11-13-18 BOA Minutes November 13, 2018 Page 3 of 8

Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition

MOTION - APPEAL ARCHITECTURAL REVIEW BOARD’S DECISION REGARDING TWO EXTERIOR BUILDING SIGNS AT 100 SOUTH BRENTWOOD BOULEVARD

City Attorney O’Keefe reported that he has circulated among the Board for its consideration the draft findings and conclusions for disposition of the appeal.

Motion made by Alderman Winings to deny the appeal and adopt the draft findings (attached) circulated by the City Attorney on November 12. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

A MOTION TO CONSIDER APPROVING A LIQUOR LICENSE FOR VIRAGO, LLC D.B.A. LEMON SHARK POKE AT 33 N. CENTRAL AVENUE

City Manager Owens reported that Virago, LLC d.b.a. Lemon Shark Poke is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 33 N. Central Avenue.

Jeff Pernikoff, owner, addressed the Board to answer any questions.

Motion made by Alderman Winings to approve a liquor license for Virago, LLC d/b/a Lemon Shark Poke at 33 N. Central Avenue. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

A MOTION TO CONSIDER APPROVING THE YEAR 2019 BOARD OF ALDERMEN MEETING SCHEDULE

City Clerk Frazier noted that there was a new memo at each dais that included revised dates for December

The motion passed unanimously on a voice vote. AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO THE MUNICIPAL CODE ON AUTOCYCLES

11-13-18 BOA Minutes November 13, 2018 Page 4 of 8

Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition

City Manager Owens reported that this is an ordinance for the Board of Aldermen to consider an update to the city code provisions relating to autocycles as codified in Sections 340.080, 360.160, 340.190 and 370.015, respectively. During the 2018 legislative session, Senate Bill 881 was passed and signed into law effective August 28, 2018. The proposed updates are needed to comply with the Missouri Senate updates on autocycles. Chief Murphy, Police Department, addressed the Board to answer questions.

Alderman Lintz noted a minor typo on page four of the ordinance.

Alderman Winings introduced Bill No. 6697, an ordinance to approve an amendment to Chapter 300, Traffic Code as it relates to autocycles to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6697, an Ordinance Amending the Municipal Code of the City of Clayton, Missouri, Regarding Autocycles for the first time by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Winings that the Board give unanimous consent to consideration for adoption of Bill No. 6697 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6697, an ordinance to approve an amendment to Chapter 300, Traffic Code as it relates to autocycles to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6697, an Ordinance Amending the Municipal Code of the City of Clayton, Missouri, Regarding Autocycles for the second time by title only.

The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew – Aye; and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6562 of the City of Clayton.

A PUBLIC HEARING AND ORDINANCES TO CONSIDER REPEALING AND REPLACING ORDINANCE NOS. 6464 & 6465 AMENDING THE SPECIAL DEVELOPMENT DISTRICT PLANS FOR CENTENE CLAYTON CAMPUS SUBDISTRICT 1 (SD1) AND SUBDISTRICT 2A (SD2A) LOCATED AT 7600 FORSYTH BOULEVARD (SD1) AND 7528 FORSYTH BOULEVARD (SD2A) TO REFLECT AN ADDITION OF A PEDESTRIAN BRIDGE OVER LYLE AVENUE

Mayor Sanger opened the public hearing.

Alderman Winings recused himself from the meeting at 7:20 p.m.

City Manager Owens reported that This is a public hearing to consider repealing and replacing Ordinance No. 6464 (Centene Clayton Campus Subdistrict 1, Subdistrict Plan) and Ordinance No. 6465 (Centene Clayton Campus, Subdistrict 2A, Subdistrict Plan) to amend each subdistrict plan to include a pedestrian bridge over South Lyle Avenue, connecting the parking garages of each subdistrict. The requested amendments to each subdistrict are analyzed together in this report but require separate approvals of a modification to each subdistrict impacted. The overall SDD Development Plan is not affected by these amendments.

The requested amendments to each subdistrict are analyzed together in this report but require separate approvals of a modification to each subdistrict impacted. The overall SDD Development Plan is not affected by these amendments.

11-13-18 BOA Minutes November 13, 2018 Page 5 of 8

Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition

Present to provide a presentation (copy available in the City Clerk’s office) and to address questions from the Board were: Larry Chapman, Partner with CRG Real Estate Solutions (Clayco), Shannon Bagley, Sr. Vice President of Human Resources, Centene, Travis Maune, Vice President Real Estate and Facilities, Centene, and Eli Hoisington, Design Principle, HOK.

Ms. Bagley provided the Board with an overall presentation on Centene’s employee data, addressing safety concerns, and summarized why the bridge is necessary for the project.

Mr. Maune provided the Board with a summary of the expected use of the retail and how the pedestrian bridge will not hinder sidewalk activation.

The Board raised concerns regarding retail “space” versus retail “ready” definition and the proposed use of the space. The Board expressed concern about the retail “ready” space to be used temporarily as a parking “bay” (for up to 30 vehicles) while vacant.

Ms. Bagley stated with regard to the Board’s concerns that she believes they can make the commitment of not using the 30 parking spaces for parking. She said that for them it is a very minimal amount and if it provides more comfort that there would not be parking in those potential 30 spots that is a commitment that they are willing to make.

Mr. Hoisington addressed the Board in referring to the PowerPoint presentation (copy available in the City Clerk’s office) provided the overall modeling of the project.

Sharon Hall, 7818 Forsyth, business owner, addressed the Board with concerns regarding the parking pay stations.

City Manager Owens stated that he would meet with Ms. Hall to further discuss the issues.

Gene Kahn, Crescent resident, addressed the Board and read a statement (attached).

Richard Cohen, Crescent resident, addressed the Board and read a statement (attached).

Lisa Ring, Crescent resident, addressed the Board regarding (1) the façades of all sides of the building; and (2) foot traffic from the underground parking of the garage.

Mayor Sanger closed the public hearing.

Alderman Boulton introduced Bill No. 6698, an ordinance approving an amended Subdistrict 1, Subdistrict Development Plan for the Centene Clayton Campus Special Development District Repealing Ordinance No. 6464 to be read for the first time by title only. Alderman Lintz seconded.

City Attorney read the amendment, page 4, Section 1, C, 2, III, as a new subsection c. – Areas identified on plans as retail or retail ready shall be fully walled off from adjacent garage parking areas and finished to generally recognized retail white box standards at the time of construction of the garage and not used for nonretail purposes and shall be actively marketed as available for lease for retail/restaurant use.

Motion made by Alderman Boulton to amend Bill No. 6698 to add a new Subsection C, III on page 4 per City Attorney’s statement (above). Alderman Lintz seconded.

Alderman Lintz commented that having sat on the ARB and participating in that discussion this team did a much better job in presenting the detail, the data, the purpose, which made it a lot easier to convince him that there is a benefit and thanked the presentation team.

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