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December 8, 2015 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held December 8, 2015. It records roll call and approval of prior minutes, a public hearing and resolution for a conditional use permit for a restaurant (Danielle’s Place) at 216 N. Meramec Avenue, introduction and unanimous first-reading/adoption consent for Bill No. 6530 concerning continuation of the local sales tax on titling of out-of-state vehicle/boat purchases, and discussion and actions on items including the Brentwood Boulevard resurfacing project (with construction estimate and itemized costs for a landscaped island $186,686 and interlocking paver crosswalk $45,408, total construction estimate $909,056 and a federal match of $513,513), a reciprocal facility use agreement with a 20-year term and automatic five-year renewals, and a liquor-license upgrade request for Craft Beer Cellar at 8113 Maryland Avenue. The minutes record unanimous aye votes on several measures and adjournment at 7:53 p.m.
Cited passage

Alderman Garnholz moved that the Board give unanimous consent to consideration for adoption of Bill No. 6532 on the day of its introduction. Alderman Winings seconded. The motion passed unanimously on a voice vote. Alderman Garnholz introduced Bill No. 6532, an ordinance to approve a Reciprocal Facility Use Agreement between the City of Clayton (the “City”) and the School District of Clayton (the “District”) outlining the conditions under which the two parties will share their respective facilities to be read for the second time by title only. Alderman Winings seconded. Alderman Boulton also noted that the agreement would be in force only if the School District approves it, if not than tonight’s approval of the agreement will be invalid or void. City Attorney O’Keefe reads Bill No. 6533, an ordinance to approve a Reciprocal Facility Use Agreement between the City of Clayton (the “City”) and the School District of Clayton (the “District”) outlining the conditions under which the two parties will share their respective facilities for the second time by title only. Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6403 of the City of Clayton.

At the February 2016 P&R meeting they are scheduled to discuss which organizations are affiliated and how they become affiliated to the city. The P&R committee was concerned that the chart labels could be confusing since the same term “affiliated users” is used by both the City and the School District. The other point that came up at P&R was that this agreement is simply to document the current use practices occurring right now,

In response to Alderman Winings question regarding the goals, equitability, and sharing of the resources, Patty DeForrest explained that the goal was to formalize what was already taking place and put it in writing creating

12-08-15 BOA Minutes December 8, 2015 Page 6 of 9 one agreement that expires at the same time. Currently there are agreements for some of the facilities with all different “lives” and ending times. She noted that many of the facilities (i.e. the Tennis Center, the Shaw Park Aquatic Center, etc.) have no agreements and was just practiced in the past. The goal was to formalize what is currently taking place in order to use for future direction. The goal was not to make it equitable, but if we were to look at it from a dollar perspective the School District would benefit more than the City. One reason being that the City has more resources to share. Alderman Boulton agreed. Alderman Garnholz introduced Bill No. 6532, an ordinance to approve a Reciprocal Facility Use Agreement between the City of Clayton (the “City”) and the School District of Clayton (the “District”) outlining the conditions under which the two parties will share their respective facilities for the first time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6532, an ordinance to approve a Reciprocal Facility Use Agreement between the City of Clayton (the “City”) and the School District of Clayton (the “District”) outlining the conditions under which the two parties will share their respective facilities for the first time by title only. The motion passed unanimously on a voice vote. Alderman Garnholz moved that the Board give unanimous consent to consideration for adoption of Bill No. 6532 on the day of its introduction. Alderman Winings seconded.

Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6403 of the City of Clayton. A MOTION TO CONSIDER APPROVING A LIQUOR LICENSE UPGRADE FOR CRAFT BEER CELLAR, LLC LOCATED AT 8113 MARYLAND AVENUE

City Manager Owens reported that Craft Beer Cellar, LLC is requesting to obtain a by-the-drink liquor license in addition to the license they currently possess (all kinds of intoxicating liquor at retail by the package including Sunday and special permit for wine, malt beverage and distilled spirit tastings) at 8113 Maryland Avenue. This establishment provides beer tastings and would like to sell full drinks of various beers. To accomplish this, they would need a license to sell all kinds of intoxicating liquor at retail by the drink, except Sundays. This is in response to the recent zoning code change allowing package liquor stores the ability to hold a retail by the drink liquor license with certain limitations.

12-08-15 BOA Minutes December 8, 2015 Page 7 of 9 The Police Department has completed its review of the application and supports the issuance of the requested license upgrade. The Planning and Development department has also approved the application upgrade with no objections. The applicant has chosen not to submit a petition from surrounding property owners and first floor tenants. As a result, they are aware that this application must have a super majority vote of five Board members in order to be approved. Staff has requested that a representative be in attendance at the meeting. Staff recommends passing a motion to approve the liquor license to sell all kinds of intoxicating liquor at retail by the drink, except Sundays. Brandon Nicholson, owner/partner, addressed the Board stating that the request is a follow-up due to customer requests that the store offer beer while they shopped. The store will provide 11 ounce cup servings of beer only and no outdoor dining is planned currently. Alderman Garnholz moved to approve a liquor license upgrade for Craft Beer Cellars. Alderman Winings seconded. The motion passed unanimously on a voice vote. A MOTION TO CONSIDER APPROVING THE 2016 BOARD OF ALDERMEN MEETING DATES

The 2016 Board of Aldermen meeting schedule is presented for approval prior to posting.

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