06-27-17 BOA Minutes June 27, 2017 Page 1 of 6 THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue June 27, 2017 7:20 p.m. Minutes

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

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

Mayor Sanger City Manager Owens City Attorney Karr

Absent: Rich Lintz

Alderman Berger moved to approve the June13, 2017 minutes. Alderman Boulton seconded. The motion to approve the minutes passed unanimously on a voice vote. PUBLIC REQUESTS AND PETITIONS

None

AN ORDINANCE TO CONSIDER AN AMENDMENT TO SECTION 405.3990 OF ARTICLE XXIX “OUTDOOR DINING” – 2nd Reading

City Manager Owens reported that this is an ordinance to consider amending Article XXIX “Outdoor Dining”, Section 405.3990, of the City’s Zoning Regulations to allow Fire Department approved outdoor heaters in outdoor dining space located on public property. 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.

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.

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. On June 2, 2017, the City of Clayton received an application, plat and supporting documents from Daniel Ehlmann, VP Surveying, Stock & Associates on behalf of Regions Bank, developer/owner under contract, for a lot consolidation plat as part of the development of a new mixed-use project. The development project for this property was approved by the Plan Commission/Architectural Review Board on March 6, 2017 and includes a freestanding bank (Regions Bank), a remote drive- through facility for the bank, a freestanding retail building and a surface parking lot. Due to restrictions of the Building Code, it has been determined that the lots should be consolidated. The proposed plat consolidates two existing lots (Lots C and D, Block 14 of Clayton Gardens No.3 and No.4 Subdivision) that have historically been under common ownership and addressed as 8321 Maryland Avenue. The consolidated lot measures 34,888 square feet. The Plan Commission considered this request at its June 19, 2017 meeting and voted unanimously to recommend approval. Staff recommends approval of the plat as presented. 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.

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.