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minutes 2019-05-14 City meeting records #q1e8971a2 Open original ↗

May 14, 2019 — Meeting Minutes

This is the May 14, 2019 minutes of the City of Clayton Board of Aldermen meeting. The excerpts record a public hearing and first-reading approval (5–1 vote) of an ordinance to add an "Entertainment Overlay District" to Chapter 410 of the municipal code; amendments to parking regulations on Lee Avenue; introduction, unanimous consent for same‑day adoption, and final adoption (roll call unanimous) of an ordinance approving a contract with Byrne & Jones Construction Company for the FY2019 microsurfacing project (Ordinance No. 6593); introduction of bills to approve a second amendment for the sale/development of 227 South Central Avenue and a contract with Chiodini Architects for the Shaw Park All‑Season Recreation Complex Project. The minutes also note attendance, presentation of Mayor’s Youth Advisory Council certificates, and that votes on specific bills were recorded (including a 5–Aye to 1–Nay on Bill No. 6727).
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She suggests moving the location further south on Bemiston. Mayor Harris noted that the Board can always review and change the ordinances. She reminded everyone that there would be a CUP process for compliance. Also reminding everyone of the venue, Finale, the former nightclub located at Clayton on the Park. Mayor Harris closed the public hearing. Alderman Winings introduced Bill No. 6727, to approve an amendment to Chapter 410 to allow for an Entertainment Overlay District to be read for the first time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6727, first reading, An Ordinance Amending Title IV “Land Use”, Chapter 410 (Overlay and Urban Design Zoning Districts) of the Municipal Code of the City of Clayton, Missouri, Adding Article XV “Entertainment Overlay District” and Other Actions Related Thereto by title only. The motion passed on a 5 – Aye to 1 – Nay (Alderman Lintz) vote. AN ORDINANCE TO CONSIDER AMENDING TABLE III H OF THE PARKING REGULATIONS IN TITLE III OF THE CITY CODE

City Manager Owens reported that this is an ordinance to amend Title III Traffic Code by adding a section of Lee Avenue to Table III-H Parking Restrictions. Specifically, the section impacted is between Forsyth Boulevard and Maryland Avenue. This section of street is proposed to be designated as a

During strategic planning discussions there was a re-occurring discussion about different types of destination and entertainment venues. A mixture of venues bringing people into the City at different times creates a vibrant and lively downtown area. Alderman Lintz commented that there should be no arcades or game rooms allowed. Alderman Berkowitz agreed with Aldermen Lintz that although those two items should be eliminated, he feels that we are moving in a direction that is good for Clayton. Alderman Boulton agreed and noted that it is in line with the Master Plan. She also commented that Blueberry Hill is a good example of a restaurant with “arcades” and “game rooms.”

Alderman Winings reminded everyone that each proposed concept would be thoroughly discussed during the Conditional Use Permit (CUP) process. He added that we should look at the proposed ordinances as providing different concepts than what is now available.

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Alderman McAndrew stated that the CUP process is crucial and that restrictions should by more explicitly established in the ordinance. Albert Van Amburg, 119 N. Bemiston Avenue, addressed the Board suggesting the proposed district would be better suited further south on Bemiston. Charlie Claggett, 123 N. Bemiston Avenue, addressed the Board with concerns of noise violations and parking issues after 5:00 p.m. Peter Smith, 23 Brighton Way, addressed the Board with concerns of bar patronage and excessive drinking; feels it is not appropriate for the area. Jennifer Volk, 124 A N. Central addressed the Board stating that the City needs to do something to encourage people to be downtown after 5:00 p.m. and she is in full support of the ordinance. Jim Kerly, 139 N. Central Avenue, addressed the Board with concerns for a prohibition of age limits for patrons. Peter Barkofske, representing Graybar, addressed the Board as being opposed to the overlay district due to concerns of safety and excessive drinking. Spencer Burk, 121 N. Hanley Road, addressed the Board suggesting them to consider the alleyway as a preferred site; the change would increase traffic and he also had concerns for pedestrian safety. Marina Matoesian, 119 N. Bemiston Avenue, addressed the Board stating that she does not like the proposed location. There is already noise (music) from Café Napoli, and Parties in the Park. She suggests moving the location further south on Bemiston. Mayor Harris noted that the Board can always review and change the ordinances.

05-14-19 BOA Minutes May 14, 2019 Page 3 of 7

residential parking zone where parking is restricted to two hours between 8:00 a.m. and 5:00 pm except on Saturdays, Sundays and holidays and further except by valid resident and visitor permit. This proposed restriction impacts both the east and west sides of the street; however, the portion closest to Forsyth does have meters installed on both sides of the street and this condition is not changed by the attached ordinance. The purpose of this bill is to match legislation with current demand. The adoption of this bill will alter the signs on Lee Avenue only to the extent of adding the resident permit exception. Alderman Winings introduced Bill No. 6728, to approve an amendment to Title III Traffic Code by adding a section of Lee Avenue to Table III-H Parking Regulations to be read for the first time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6728, first reading, an Ordinance Amending Table III H of Title III of the Clayton City Code 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. 6728 on the day of its introduction. The motion passed unanimously on a voice vote. Alderman Winings introduced Bill No. 6728, to approve an amendment to Title III Traffic Code by adding a section of Lee Avenue to Table III-H Parking Regulations to be read for the second time by title only.

The motion passed unanimously on a voice vote. Alderman Winings introduced Bill No. 6728, to approve an amendment to Title III Traffic Code by adding a section of Lee Avenue to Table III-H Parking Regulations to be read for the second time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6728, second reading, an Ordinance Amending Table III H of Title III of the Clayton City Code by title only. The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6591 of the City of Clayton. AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO THE SALES AGREEMENT FOR 227 SOUTH CENTRAL AVENUE

City Manager Owens reported that HB Clayton, LLC (developer) has proposed that the sales agreement be amended a second time. Alderman Winings introduced Bill No. 6729, to approve an amendment to the Sales Agreement for 227 S. Central Avenue to be read for the first time by title only. Alderman Boulton seconded.’

City Attorney O’Keefe reads Bill 6729, first reading, an Ordinance Approving and Authorizing Execution of Second Amendment to Agreement Heretofore Approved and Executed for Sale and Development of 227 South Central Avenue by title only. The motion passed unanimously on a voice vote.

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