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November 28, 2017 — Meeting Minutes

This is the minutes of the City of Clayton Board of Aldermen meeting held November 28, 2017. The excerpts record attendance, approval of prior minutes, public requests (none), a unanimous vote to approve a liquor license upgrade for Seedz Café at 6344 S. Rosebury Avenue, presentations on the St. Louis Art Fair and a build-out project at 10 S. Brentwood Boulevard, and proceedings on an appeal concerning the Centene Center III conditional use permit for properties around 7501 Maryland Avenue. The appeal section includes recitation of the parties’ filings, the Board’s findings and rationale, reference to a prior motion that removed a Plan Commission condition about public greenspace and added a condition limiting impervious coverage to no more than 55%, and notes an alderman’s recusal.
Cited passage

Presentation and update on the 10 S. Brentwood Boulevard Build-Out Project

The following persons presented to the Board:

John Wulf, Assistant Director of Public Works Chris Chiodini, Chiodini Architects

11-28-17 BOA Minutes November 28, 2017 Page 2 of 12 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition Tim Convy and Susan Findly, Avison & Young

The Board agreed to lease out the vacancy to better utilize the space.

City Manager Owens agreed that staff will interview commercial real estate companies to solicit people/businesses that would qualify for the use of 10 S. Brentwood Boulevard.

PRESENTATION ON LAND TRUST AND TARGETED INCENTIVES

Gary Carter, Economic Developer, provided the Board with a presentation on Land Trust and Targeted Incentives. At the Board’s request, he will outline a policy (resolution) to be presented to the Board for adoption at a future meeting.

AN ORDINANCE TO CONSIDER AUTHORIZING AN AGREEMENT(S) WITH CARTEGRAPH SYSTEMS, INC. FOR ASSET MANAGEMENT SOFTWARE AND SERVICES

City Manager Owens reported that Public Works, Parks and IT are requesting approval of agreements with Cartegraph Systems, Inc. for Asset Management Software and Services. The agreements provide for software, implementation, data conversion, and hosting services over a three-year period.

Dale Houdeshell, Director of Public works presented to the Board.

Alderman Winings introduced Bill No. 6641, an ordinance to consider approving a contract with Cartegraph Systems, Inc. for asset management software and services to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6641, an Ordinance approving agreements with Cartegraph Systems, Inc. for Asset Management Software and Services for the first time by title only.

The motion passed unanimously on a voice vote.

Alderman Winings moved that the Board give unanimous consent to the consideration for adoption of Bill No. 6641 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6641, an ordinance to consider approving a contract with Cartegraph Systems, Inc. for asset management software and services to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6641, an Ordinance approving agreements with Cartegraph Systems, Inc. for Asset Management Software and Services for the second time by title only.

The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Berger – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6508 of the City of Clayton.

A RESOLUTION TO CONSIDER SUPPORTING A CITIES-DRIVEN PLAN TO REVERSE CLIMATE CHANGE

11-28-17 BOA Minutes November 28, 2017 Page 1 of 12 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition THE CITY OF CLAYTON Board of Aldermen City Hall – 10 N. Bemiston Avenue November 28, 2017 7:07 p.m.

Minutes

Mayor Sanger called the meeting to order and requested a roll call. The following individuals were present:

Aldermen: Mark Winings, Alex Berger, Joanne Boulton, Rich Lintz, Ira Berkowitz, and Michelle Harris

Mayor Sanger City Manager Owens City Attorney O’Keefe City Clerk Frazier

Alderman Boulton moved to approve the November 14, 2017 minutes. Alderman Berger seconded.

The motion passed unanimously on a voice vote.

PUBLIC REQUESTS AND PETITIONS

None

A MOTION TO APPROVE A LIQUOR LICENSE UPGRADE FOR SEEDZ CAFE LOCATED AT 6344 S. ROSEBURY AVENUE

City Manager Owens reported that Seedz Café is requesting to upgrade their current liquor license (5% beer and not to exceed 14% wine at retail by the drink, including Sunday) to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 6344 S. Rosebury Avenue.

Montgomary Gralnick, was in attendance on behalf of Seedz Cafe.

Motion was made by Alderman Winings to approve a liquor license upgrade for Seedz Café located at 6344 S. Rosebury Avenue. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Presentation on the St. Louis Art Fair

Laura Miller, Interim Executive Director provided a presentation to the Board on the 2017 St. Louis Art Fair.

Presentation and update on the 10 S. Brentwood Boulevard Build-Out Project

The following persons presented to the Board:

John Wulf, Assistant Director of Public Works Chris Chiodini, Chiodini Architects

The bill, having received majority approval was adopted and became Ordinance No. 6508 of the City of Clayton. A RESOLUTION TO CONSIDER SUPPORTING A CITIES-DRIVEN PLAN TO REVERSE CLIMATE CHANGE

11-28-17 BOA Minutes November 28, 2017 Page 3 of 12 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition City Manager Owens reported that the Sustainability Committee was asked to review recent action by the US Conference of Mayors regarding Climate Change. A draft resolution like the one approved by the Conference of Mayors was considered by the Committee at its November meeting. After review and discussion, the Committee desires for the City to join with the U.S. Conference of Mayors to call upon the Trump Administration and Congress to support the fight against climate change.

The Sustainability Committee voted to recommend approval.

Motion was made by Alderman Harris to table Resolution No. 17-27, and request that the Sustainability Committee provide further clarification, and itemized recommendations to the Board. Alderman Berger seconded.

The motion passed unanimously on a voice vote.

A MOTION TO CONSIDER AN APPOINTMENT TO THE NON-UNIFORMED EMPLOYEES PENSION FUND BOARD (NUERF)

City Manager Owens reported that the Board received a nomination to appoint Amelia Bond as a member to the Non-Uniformed Employees’ Pension Fund Board.

Motion was made by Alderman Winings to approve the appointment of Amelia Bond to the Non-Uniformed Employees’ Pension Fund Board. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER APPROVING REVISING CHAPTERS 405 (ZONING REGULATIONS) AND 410 (OVERLAY & URBAN DESIGN ZONING DISTRICTS) REGARDING TOWNHOUSES

City Manager Owens reported that this is an ordinance presented for second reading to consider approving a revision to Title IV (Land Use), Chapter 405 (Zoning Regulations) and Chapter 410 (Overlay and Urban Design Zoning Districts) of the Code of Ordinances of the City of Clayton for proposed amendments related to townhouses.

Alderman Winings introduced Bill No. 6638, an amendment to Chapters 405, Zoning Regulations and Chapter 410, Overlay and Urban Design Zoning Districts regarding Townhouses to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6638, an Ordinance Amending Title IV “Land Use”, Chapter 405 (Zoning Regulations) and Chapter 410 (Overlay and Urban Design Zoning Districts) of the Code of Ordinances of the City of Clayton, Modifying the Definition of Townhouses and Permitting Them as an Allowable Use in the R-4 Through R-7, Multi Family Zoning Districts and Other Actions Related Thereto for the second time by title only.

The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Berger – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6509 of the City of Clayton.

APPEAL FROM BOARD OF ALDERMEN ACTION

The bill, having received majority approval was adopted and became Ordinance No. 6509 of the City of Clayton. APPEAL FROM BOARD OF ALDERMEN ACTION

11-28-17 BOA Minutes November 28, 2017 Page 4 of 12 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition City Manager Owens reported that this is an appeal of the Board of Aldermen’s decision to approve Centene Center III, LLC’s conditional use permit for the operation of a daycare and corporate education facility.

Alderman Winings recused himself from the meeting at 8:12 p.m.

City Attorney O’Keefe read the following proposed findings and rulings to be presented to the Board:

In Re: Appeal for Reconsideration of Resolution No. 17-18

Findings and Ruling on Appeal

On September 25, 2017, several Clayton residents who live in the vicinity of the former Maryland School property generally located at 7501 Maryland Avenue filed a request for reconsideration and appeal of the Board of Aldermen’s September 12 decision to delete a condition about public use of greenspace on the subject property when approving a conditional use permit for operation of daycare and corporate training facilities by Centene Center III, LLC.

On November 14 the Board of Aldermen heard presentations on the appeal from all interested parties and took the matter under advisement. The parties were invited to submit post-hearing briefs in support of their positions which have now been received and considered. Being now fully informed the Board hereby issues the following ruling.

Comment

The Board very much appreciates and admires the concern, community commitment and energy which informed the efforts of residents around Maryland School to have their points of view heard. The zeal and scholarship of the proponents have been most impressive. We appreciate the cooperation and professionalism of all parties throughout this process.

The Decision At Issue In The Appeal

We all must keep clearly in mind the specific – and only – issue involved in these proceedings. As stated by the Appellants in their original filing:

We are aggrieved by the Board[‘s] . . . September 12, 2017 decision to grant Centene[‘s] . . . Conditional Use Permit Application . . . without the condition recommended by the City Planning Commission that Centene provide greenspace for public use during non- business hours.

The wording of the “condition recommended by the City Plan Commission” to which Appellants’ appeal is directed (the “Condition”) was as follows:

[“. . . the permitted uses shall be conducted so as to comply with the following stipulations and conditions at all times:” * * *]

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