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 POH LEE OF BL HOSPITALITY LLD, D/B/A AKAR LOCATED AT 7641 WYDOWN BOULEVARD

Mayor Harris opened the public hearing and requested proof of publication. City Manager Gipson reported that this is a public hearing to consider an application for a Conditional Use Permit submitted by Poh Lee of BL Hospitality LLD, d/b/a AKAR, restaurant owner, to allow for the operation of a 400 square foot indoor restaurant with an outdoor space measuring approximately 525 square feet. AKAR restaurant will be open seven (7) days a week from 4:00 p.m. until 9:00 p.m. The restaurant concept is a full-service sit-down restaurant open for dinner. The restaurant will have a maximum of 40 seats (16 indoor and 24 outdoor). Because the applicant plans on having additional seats for outdoor dining and the restaurant is no longer primarily for carry out purposes, the Conditional Use Permit needs to be updated to reflect the current business operation (the applicant’s existing permit

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was transferred administratively as a carry out restaurant with 12 seats). The applicant already has a full liquor license. Delivery service from the restaurant is not proposed. The restaurant is located outside of Downtown Clayton; therefore, parking is required for employees. The applicant has secured four parking spaces in the nearby lot at the Westway Dry Cleaner located at 500 S. Hanley Road. Proof of the parking agreement has been submitted to the City and was found to be satisfactory. Deliveries to the restaurant will be made using the rear door, delivery vehicles shall use the parking area behind the building, located off the alley to the rear. The Plan Commission considered this request at its October 19th meeting and voted unanimously to recommend approval as requested. In response to Mayor Harris’ question, Susan Istenes, Director of Planning, stated that the applicant has added a restroom. In response to Alderman Berkowitz’ question, Susan Istenes stated that the surrounding property owners (not the tenants) were notified of the applicant’s request. Susan Istenes added that the tent issue remains on hold; once they hear back that the applicant wishes to move forward then the neighboring property owners (and tenants) will be personally notified. City Attorney O’Keefe added with regard to notification, that the City utilizes a database, (Recorder of Deeds, Department of Revenue) of required information (property owners) for staff to send said notifications.

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On August 25, 2020 staff convened a meeting of the PAAC and had a general discussion about murals in the City of Clayton. PAAC’s specific charge is to “serve in an advisory capacity to the Mayor and Board of Aldermen and the Plan Commission/Architectural Review Board.” They are to review, consider and render advice and recommendations on City and private developments, planned unit developments, special development district developments or by other matters involving public art as may be referred to the Committee by the Mayor, BOA or, as to private developments, the Plan Commission/ARB. Murals are a type of art that is not referenced in the City’s adopted Public Art Master Plan. The staff discussion with PAAC centered around the question: Is there value to the City in allowing murals as a type of art, as it is not referenced in the Public Art Master Plan or any City ordinances? This discussion was prompted by a proposal that the Clayton Century Foundation (CCF) is considering conducting fund raising efforts to have a mural installed on the wall of a building that faces DeMun Park. The PAAC discussed the matter for approximately 30 minutes. The PAAC was not supportive of allowing murals citywide. Most of their discussion was centered on the DeMun mural proposal and they offered the following collective comment:

Subject to approval and because of its unique location, a mural on the DeMun Park building might be acceptable.

The PAAC was not supportive of allowing murals citywide. Most of their discussion was centered on the DeMun mural proposal and they offered the following collective comment:

Subject to approval and because of its unique location, a mural on the DeMun Park building might be acceptable. The PAAC does not think murals in the Central Business District of Clayton are appropriate. Other concerns raised related to ownership of the art/mural and upkeep. In general, at least one member did not feel that murals were appropriate anywhere in the City as he believes there is already an established “character” of the City and murals would change that character. Another member did not want to discourage public art, but also felt that Citywide, perhaps they were not appropriate. The Architectural Review Board met on September 8, 2020 to consider the same question along with the comments and recommendations of the PAAC: Is there value to the City in allowing murals as a type of art as it is not referenced in the Public Art Master Plan or any City ordinances? ARB comments are summarized below: