The purpose of the proposed amendment is to enhance the customer’s enjoyment of outdoor dining during cooler weather. Allowing outdoor heaters in dining areas on public property may make it more difficult for restaurant owners to maintain the required Pedestrian Access Route, as the heaters will have to compete with the other furnishings commonly found and already allowed in outdoor dining areas. Because outdoor dining fixtures tend to “migrate” by patron use, they can easily protrude into public access paths challenging accessibility to and usability by pedestrians including those with disabilities; however, the heaters will likely only be used for relatively short periods of time (late fall/early spring). The Plan Commission considered this request at its June 5, 2017 meeting and voted 6-0 to recommend approval as submitted. Alderman Berger referenced Ordinance 6352, Section 405.3970, C. … continuous pedestrian access route (PAR) meeting at least the minimum requirements of the Americans with Disabilities Act (ADA)…; he expressed concerns that this may not be enforceable or identified in tonight’s ordinance before the Board.

06-27-17 BOA Minutes June 27, 2017 Page 2 of 6 City Manager Owens clarified that the restaurant will be in violation of their license to have outdoor dining if the pedestrian access route is not provided under this and the current ordinance therefore being subject to losing permission to use the outdoor dining. Alderman Winings introduced Bill No. 6613, an ordinance amending Section 405.3990 of Article XXIX “Outdoor Dining” to be read for the second time by title only. Alderman Boulton seconded. City Attorney Karr reads Bill No. 6613, an Ordinance Amending Chapter 405 (Zoning Regulations), Article XXIX “Outdoor Dining”, Section 405.3990 to allow Fire Department Approved Heaters in Outdoor Dining Areas that are Located on City/Public Property for the second time by title only. Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Nay; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6482 of the City of Clayton. A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING A LOT CONSOLIDATION PLAT 8321 MARYLAND AVENUE

Mayor Sanger opened the public hearing and requested proof of publication. City Manager Owens reported that this is a public hearing and subsequent ordinance to consider approving a lot consolidation plat which will consolidate two existing lots.

Mayor Sanger closed the public hearing. Alderman Winings introduced Bill No. 6615, an ordinance to consider approving a lot consolidation for 8321 Maryland Avenue to be read for the first time by title only. Alderman Boulton seconded. City Attorney Karr reads Bill No. 6615, an Ordinance Providing for the Approval of a Plat Consolidating Two Lots Generally Located at 8321 Maryland Avenue in the City of Clayton, Missouri for the first time by title only. The motion passed unanimously on a voice vote.

06-27-17 BOA Minutes June 27, 2017 Page 3 of 6 Alderman Winings moved that the Board give unanimous consent to consideration for adoption of Bill No. 6615 on the day of its introduction. Alderman Boulton seconded. The motion passed unanimously on a voice vote. Alderman Winings introduced Bill No. 6615, an ordinance to consider approving a lot consolidation for 8321 Maryland Avenue to be read for the second time by title only. Alderman Boulton seconded. City Attorney Karr reads Bill No. 6615, an Ordinance Providing for the Approval of a Plat Consolidating Two Lots Generally Located at 8321 Maryland Avenue in the City of Clayton, Missouri for the second time by title only. Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6483 of the City of Clayton. DISTINGUISHED BUDGET PRESENTATION AWARD City Manager Owens reported that The Government Finance Officers Association (GFOA) established the Distinguished Budget Presentation Awards Program (Budget Awards Program) in 1984 to encourage and assist state and local governments to prepare budget documents of the very highest quality that reflect both the guidelines established by the National Advisory Council on State and Local Budgeting and the GFOA’s best practices on budgeting and then to recognize individual governments that succeed in achieving that goal. The City of Clayton has been recognized for the ninth consecutive year for achieving this goal for FY2017.