01-13-15 BOA Minutes January 13, 2015 Page 1 of 6

THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue January 13, 2015 7:00 p.m. Minutes

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

Aldermen:, Cynthia Garnholz, Mark Winings, Joanne Boulton, Alex Berger III and Rich Lintz. Mayor Pro Tempore Michelle Harris City Manager Owens City Attorney O’Keefe

Absent: Mayor Sanger

Alderman Boulton moved to approve the December 23, 2014 minutes. Alderman Winings seconded. The motion to approve the minutes passed unanimously on a voice vote. PUBLIC REQUESTS AND PETITIONS

None

A PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR CENTRAL BANK OF ST. LOUIS 7707 FORSYTH BOULEVARD

Mayor Pro Tempore Harris opened the Public Hearing. City Manager Owens reported that this is a public hearing and subsequent resolution for a conditional use permit for a modification to the existing drive-through facility and the installation of a temporary drive-through facility on the top level of the Pierre Laclede Center’s parking garage. The drive-through has been in operation since 1968. The existing drive-through facility accommodates nine lanes (including one ATM lane). The drive-through hours are 8:30 AM to 6 PM Monday through Friday and 9 AM to 12 PM on Saturday; the ATM operates 24 hours/day. The applicant proposes to remove four of the drive-through lanes and to shorten the canopy by 48 feet. The additional space created will be used for 10 new parking spaces.

The applicant proposes to remove four of the drive-through lanes and to shorten the canopy by 48 feet. The additional space created will be used for 10 new parking spaces. The applicant proposes to utilize a temporary trailer on the northeast corner of the site to be used as a temporary drive-through facility during the approximate 6-week construction process. Drive-through facilities for financial institutions require a Conditional Use Permit (CUP). Neither the City nor the applicant has record of an approved CUP for the existing drive-through. Because this is an alteration of an existing drive-through facility, a new CUP is required. The City’s drive-through guidelines are not applicable because it is a modification of an existing use. The City’s Off Street Parking and Loading Regulations require establishments with more than one drive- through lane to provide a minimum of 5 stacked parking spaces. More than 5 stacked spaces will be provided.

The regulations simplify and consolidate the current requirements, allow more administrative flexibility, and protect and maintain accessible sidewalks. The proposed regulations closely mirror the existing Outdoor Dining Standards with some variations. Staff is of the opinion that the proposed regulations are in the best interests of the citizenry as a whole and represent a fair balance between the encouragement of outdoor dining and the impact to the community. Recommendation is to conduct a public hearing and approve an Ordinance revising Chapter 405 (Zoning Regulations), by the addition of a new Article XXIX entitled “Outdoor Dining”. In response to Alderman Lintz’ question, City Manager Owens explained that the restaurants are using the spaces along the curb/sidewalk productively and it seems to have worked well in maintaining the three foot pathway for pedestrians. He stressed that staff will consistently enforce those requirements for the safety of the pedestrians. Alderman Berger expressed his concerns regarding the past approval of signage, particularly “sandwich boards” and it feels to him in some instances it causes an “obstacle course”. He stressed that he is a proponent of outdoor dining, but raises caution about accessibility. He is confident that staff will do a good job in enforcing the requirements. Alderman Berger asked for clarification if the curb area and the three-foot pathway is inclusive of the streetscape. City Manager Owens referred to the ordinance, Section 405.3980: Location, which stipulates the requirements. Alderman Berger commented that he has had a conversation with three restaurant owners and they are very much encouraged by the City’s decision.

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Alderman Garnholz inquired that the fencing that some restaurants currently have seems to make the outdoor dining areas more uniformed and have a more appealing look. She commented that it is important to maintain an open space for pedestrian access with or without fencing. Alderman Boulton commented that Central Avenue does not have a large streetscape area such as other areas in Clayton and always seems to feel like a “tighter fit”. In response to Mayor Pro Tempore Harris’ question regarding changes in annual permit fees, City Manager Owens stated that there will be no changes at this time. Mayor Pro Tempore Harris closed the Public Hearing. Alderman Garnholz introduced Bill No. 6478, an ordinance to consider adopting a new article to the City’s Land Use Code (Title IV) to establish regulations governing outdoor dining to be read for the first time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6478, an Ordinance Creating a New Article XXIX of the Zoning Regulations titled Outdoor Dining, and Repealing and Replacing All Existing Resolutions, Moratoriums, and Regulations Related to Outdoor Dining, and Other Actions Related Thereto, for the first time by title only. The motion passed unanimously on a voice vote. Mayor Pro Tempore moved that the Board give unanimous consent to consideration for adoption of Bill No. 6478 on the day of its introduction. Alderman Garnholz seconded. The motion passed unanimously on a voice vote.