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December 8, 2020 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held virtually on December 8, 2020. It records agenda items including approval of prior minutes, a public hearing and conditional use permit matter for M1 Bank and a separate CUP request for a second unit at 12 Hillvale Drive (with a motion to table Resolution No. 2020-18 that passed 6–1), adoption of a PACE-related ordinance joining state clean energy districts (Bill No. 6812 adopted as Ordinance No. 6672 on a unanimous roll call), and approval of a contract award for the Maryland Avenue resurfacing project to L.F. Krupp Construction. The minutes also list roll call attendance, procedural notes about virtual voting, and brief aldermanic reports.
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12-08-2020 BOA Minutes December 8, 2020 Page 2 of 8

Tyler Stephens, Core10 Architecture, addressed the Board explained the planned renovations and currently there is a single drive-thru with parking on the street as well as parking on the north end and west end of the property. The plans include adding a second drive-thru lane and place that existing parking all underground. Due to COVID restrictions there has been an increase in drive-thru traffic therefore the request to add a second drive-thru lane. Mayor Harris closed the public hearing. Motion made by Alderman Boulton to approve Resolution No. 2020-17, a Conditional Use Permit for M1 Bank located at 7801 Forsyth Boulevard. Alderman Lintz seconded. The motion passed unanimously on a voice vote. PUBLIC HEARING AND A RESOLUTION FOR A CONDITIONAL USE PERMIT (CUP) FOR A SECOND UNIT LOCATED AT 12 HILLVALE DRIVE

Mayor Harris opened the public hearing and requested proof of publication. City Manager Gipson reported that this is a public hearing and subsequent resolution to consider granting a conditional use permit to Lizette Alvarez and Theodore Povinelli, owners of 12 Hillvale Drive, to allow for the construction of a 712 square foot detached second living unit. The property has a zoning designation of R-2 Single-Family Dwelling District. A second unit (carriage house/granny unit) is a type of accessory structure, either attached or detached, which provides complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation and is located on the same site as the principal residence.

12-08-2020 BOA Minutes December 8, 2020 Page 1 of 8

THE CITY OF CLAYTON

Board of Aldermen Virtual Zoom Meeting December 8, 2020 7:02 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 attended the meeting by videoconferencing at all times unless otherwise noted. Aldermen: Joanne Boulton, Rich Lintz, Ira Berkowitz, Bridget McAndrew, Susan Buse (joined at 7:07p.m.), 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 November 10, 2020 minutes. Alderman Lintz seconded. Motion to approve the minutes passed unanimously on a voice vote. PUBLIC REQUESTS AND PETITIONS

None

PUBLIC HEARING AND A RESOLUTION FOR A CONDITIONAL USE PERMIT FOR M1 BANK LOCATED AT 7801 FORSYTH BOULEVARD

Mayor Harris opened the public hearing and requested proof of publication. City Manager Gipson reported that this is a public hearing and subsequent resolution for a conditional use permit for the proposed installation of an additional drive-through banking lane on the north side of the subject building occupied by M1 Bank.

PUBLIC REQUESTS AND PETITIONS

None

PUBLIC HEARING AND A RESOLUTION FOR A CONDITIONAL USE PERMIT FOR M1 BANK LOCATED AT 7801 FORSYTH BOULEVARD

Mayor Harris opened the public hearing and requested proof of publication. City Manager Gipson reported that this is a public hearing and subsequent resolution for a conditional use permit for the proposed installation of an additional drive-through banking lane on the north side of the subject building occupied by M1 Bank. The applicant proposes to add one additional 24-hour virtual teller drive through lane, for a total of two drive through lanes, located on the north (rear) side of the building. Each of the lanes will have a 24-hour virtual teller. In response to the Board’s questions, City Manager Gipson stated that the Plan Commission voted unanimously to recommend approval to the Board of Aldermen.

The property has a zoning designation of R-2 Single-Family Dwelling District. A second unit (carriage house/granny unit) is a type of accessory structure, either attached or detached, which provides complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation and is located on the same site as the principal residence. Second units are permitted subject to the approval of a conditional use permit as per Article VII of Chapter 405, Land Use. City Manager Gipson pointed out that that the City has received a lot of feedback/concerns from the public regarding the site characteristics. He clarified that throughout the process of this project it requires three applications and tonight the Board of Aldermen is strictly looking at the conditional use and whether it is appropriate for a second dwelling unit to be on the property. The site characteristics, water run-off, size, and location of the garage are all considered by other “bodies.” There was a variance request, but it was postponed during the last Board of Adjustment meeting to be heard at the next (January 7) Board of Adjustment meeting to which the Board of Aldermen will not be considering tonight. If the variance from the Board of Adjustment is approved, then the applicants will have to go back to the Architectural Review Board (ARB) for the actual approval of the structure. At that time all the site characteristics as mentioned will be considered by the other bodies.

If the variance from the Board of Adjustment is approved, then the applicants will have to go back to the Architectural Review Board (ARB) for the actual approval of the structure. At that time all the site characteristics as mentioned will be considered by the other bodies. Tonight, the Board of Aldermen’s task is to simply consider the appropriateness of the conditional use of the second unit. Mayor Harris reemphasized that tonight the Board of Aldermen is considering the use and whether the second unit is appropriate. She pointed out that the City’s ordinances do not allow second units to be rented nor used as AirBnBs, or bed and breakfasts. Mayor Harris confirmed that the Board and staff have received several emails of concerns and some have talked with citizens about those concerns. She expressed that the Board and staff

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