Alderman Berkowitz seconded the motion. Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye.

11-14-17 BOA Minutes November 14, 2017 Page 2 of 8 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 14, 2017 7:00 p.m.

Minutes

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

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

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

Absent: Alex Berger

Alderman Boulton moved to approve the October 24, 2017 minutes. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

PUBLIC REQUESTS AND PETITIONS

None

A PUBLIC HEARING - RESOLUTION FOR A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 6409 CLAYTON ROAD

Mayor Sanger opened the public hearing and requested proof of publication.

City Manager Owens reported that this is a public hearing to consider an application for a Conditional Use Permit submitted Clayton DeMun, LLC, property owner, to allow the conversion of the existing building located at 6409 Clayton Road to four residential units.

Michael Wotka, was in attendance on behalf of Clayton DeMun, LLC.

Mayor Sanger closed the public hearing.

Motion was made by Alderman Winings to approve Resolution No. 17-24, a Conditional Use Permit for 6409 Clayton Road. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

A PUBLIC HEARING AND A RESOLUTION FOR A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 6411 CLAYTON ROAD

Mayor Sanger opened the public hearing and requested proof of publication.

The motion passed unanimously on a voice vote. A PUBLIC HEARING AND A RESOLUTION FOR A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 6411 CLAYTON ROAD

Mayor Sanger opened the public hearing and requested proof of publication.

11-14-17 BOA Minutes November 14, 2017 Page 3 of 8 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition City Manager Owens reported that this is a public hearing to consider an application for a Conditional Use Permit submitted Clayton DeMun, LLC, property owner, to allow the conversion of the existing building located at 6411 Clayton Road to four residential units.

Michael Wotka, was in attendance on behalf of Clayton DeMun, LLC.

Mayor Sanger closed the public hearing.

Motion was made by Alderman Boulton to approve Resolution No. 17-25, a Conditional Use Permit for 6411 Clayton Road. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

A PUBLIC HEARING AND AN ORDINANCE TO REVISE CHAPTERS 405 (ZONING REGULATIONS) AND 410 (OVERLAY & URBAN DESIGN ZONING DISTRICTS) REGARDING TOWNHOUSES

Mayor Sanger opened the public hearing and requested proof of publication.

City Manager Owens reported that this is a public hearing and ordinance revising 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.

Susan Istenes, Director of Planning, answered questions that related to the discussion had by the Board.

Mayor Sanger closed the public hearing.

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 first 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 first time by title only.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER AMENDING SECTION 140.130 OF THE CLAYTON CITY CODE RELATING TO THE PUBLIC ART ADVISORY COMMITTEE

City Manager Owens reported that during an update of the City of Clayton’s Public Art Master Plan it was suggested that clarifying language be added to the ordinance that authorized the establishment of the Public Art Advisory Committee. Section 140.030 - B, C and D now reflect that the appointment of Committee members is the responsibility of the Mayor with ratification by the Board of Aldermen, and that the Committee selects its own chair annually. The proposed new text would provide that the Board of Aldermen make all appointments and designates a chairperson each year.

Alderman Boulton requested two changes, 1) to amend Section 140.030 – B to read, “...There shall also be two (2) alternate members appointed by the Board of Aldermen…” and 2) to

The motion passed unanimously on a voice vote. AN ORDINANCE TO CONSIDER AMENDING SECTION 140.040 OF THE CLAYTON CITY CODE RELATING TO THE SUSTAINABILITY COMMITTEE

City Manager Owens reported that the amendment provides the opportunity for the Board to appoint member representative(s) from the City’s various Boards and Commissions on the Sustainability Committee as ex-officio (non-voting) members.

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Alderman Harris requested that a revision is made to the ordinance to add the word “each” in the following sentence, “….The Board of Aldermen may also appoint one member [each] of such other citizen boards….”

Alderman Winings introduced Bill No. 6640, an ordinance to consider approving an amendment to Section 140.040 relating to the Sustainability Committee as amended to be read for first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6640, an Ordinance Amending Section 140.040 of the Clayton City Code Relating to the Sustainability Committee as amended 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. 6640 as amended on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6640, an ordinance to consider approving an amendment to Section 140.040 relating to the Sustainability Committee as amended to be read for second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6640, an Ordinance Amending Section 140.040 of the Clayton City Code Relating to the Sustainability Committee as amended for the second time by title only.

The motion passed on a roll call vote: Alderman Winings – 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. 6507 of the City of Clayton.

A MOTION TO CONSIDER AN APPOINTMENT TO THE SUSTAINABILITY COMMITTEE

City Manager Owens reported that this is a motion to consider the appointment of George Hettich, liaison to the Clayton Century Foundation, as an ex-officio member.

Alderman Harris moved to table the motion until further information is gathered. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

A RESOLUTION TO CONSIDER OPPOSING LEGISLATION AUTHORIZING A STATEWIDE VOTE REGARDING OR MANDATING A CHANGE IN THE GOVERNMENT STRUCTURE OF ST. LOUIS CITY AND ST. LOUIS COUNTY

City Manager Owens explained that a revised copy of the resolution to be considered has been distributed to the Board tonight for their review.

A motion was made by Alderman Winings to approve Resolution No. 17-23, approving opposition to Legislation Authorizing a Statewide Vote Regarding or Mandating a Change

LOUIS COUNTY

City Manager Owens explained that a revised copy of the resolution to be considered has been distributed to the Board tonight for their review. A motion was made by Alderman Winings to approve Resolution No. 17-23, approving opposition to Legislation Authorizing a Statewide Vote Regarding or Mandating a Change

11-14-17 BOA Minutes November 14, 2017 Page 6 of 8 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition in the Government Structure of St. Louis City and St. Louis County and the Municipalities as revised. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

APPEAL FROM BOARD OF ALDERMEN ACTION

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 8:02 p.m.

Alderman Boulton moved that the appellants regarding the Centene CUP at 7501 Maryland Avenue be allowed to present evidence in support of the claims made in their appeal. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

The following individuals spoke regarding the matter:

Jamie Rehmann, 7545 Westmoreland Avenue, stating that he is here on behalf of himself and 25 other residents that have joined in the appeal. He noted that he is an attorney and that the appeal was not filed lightly. Staff has recommended that the Board deny the appeal for lack of standing because they (the appellants) have not shown a decrease in property values which reveals a misunderstanding of the basis of the appeal. The reason they are here is because the Board’s grant of the CUP without the condition of green space is unauthorized in an arbitrary zoning action - the result of removal of green space from public use. He said that this adversely affects them in different ways, not just reduced property values. 1) they have a right to be free of arbitrary and irrational zoning decisions; 2) loss of use and enjoyment of green space and the aesthetic value of that green space is a protectable interest; 3) they will suffer a reduced property value and marketability of their properties all independently sufficient to confer standing.

Susan Block, 7533 Westmoreland, in opposition of the staff’s recommendation of the denial of standing. She said that it is the kind of decision that a judge rarely makes because it takes away the right to present evidence. She asks that the Board give respect (as related to the earlier presentations of the reports related to the Art Commission and the Opposition to the Statewide election that was presented earlier) to the Planning Commission’s recommendation of greenspace.

Bridget McAndrew, 7615 Westmoreland, read a statement on behalf of Scott Partridge. (attached)

Bridget McAndrew, 7615 Westmoreland, read a statement. (attached)

Jennifer Musich-Rehmann, 7545 Westmoreland, read a statement.

Bruce Butler, 7601 Maryland, read a statement. (attached)

Andrea Rosenblum, 7501 Westmoreland, read a statement. (attached)

David LaGesse, 613 S. Central Avenue, read a statement. (attached)