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June 11, 2019 — Meeting Minutes

This is the City of Clayton Board of Aldermen minutes for June 11, 2019 (discussion session at 6:00 p.m. and regular meeting at 7:10 p.m.). The excerpts record attendance, motions, public hearings, and actions on agenda items including authorizing a city manager search consultant, approval of executive session, approval of May 28 minutes, a conditional use permit for a detached second unit at 30 West Brentmoor Park, tabling further consideration of amendments to the Planned Unit Development zoning article until June 25, and introducing, unanimously passing both readings of, and adopting Bill No. 6735 (Ordinance No. 6597) to amend Chapter 405 zoning regulations to enact regulations for medical marijuana facilities. Roll call and voice votes for listed motions are recorded.
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06-11-19 BOA Minutes June 11, 2019 Page 1 of 6

THE CITY OF CLAYTON

Board of Aldermen Discussion Session City Hall – 10 N. Bemiston Avenue June 11, 2019 6:00 p.m.

Minutes

The following individuals were in attendance:

Aldermen: Mark Winings, Joanne Boulton, Rich Lintz, Ira Berkowitz, and Bridget McAndrew.

Mayor Harris City Manager Owens City Attorney O’Keefe

Executive Recruitment Consultant

Motion made by Alderman Berkowitz to authorize an agreement with The Novak Consulting Group, Inc. for the City Manager search. Alderman Winings seconded.

Motion passed unanimously on a voice vote.

6:39 p.m. Motion was made by Alderman McAndrew that the Board adjourn to a closed meeting, with a closed vote and record, as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, and to discuss matters related to negotiation of a contract pursuant to Section 610.021(12), RSMo. and/or proprietary information pursuant to Sec. 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO. Alderman Berkowitz seconded the motion.

The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; and Mayor Harris – Aye.

Alderman Berkowitz seconded the motion. The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; and Mayor Harris – Aye.

06-11-19 BOA Minutes June 11, 2019 Page 2 of 6

THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue June 11, 2019 7:10 p.m.

Minutes

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

Aldermen: Mark Winings, Joanne Boulton, Rich Lintz, Ira Berkowitz, and Bridget McAndrew.

Mayor Harris City Manager Owens City Attorney O’Keefe

Motion made by Alderman Lintz to approve as corrected (he provided no vote for the executive session due to his absence) to approve the May 28, 2019 minutes. Alderman Boulton seconded.

Motion to approve the minutes passed on a voice vote; Alderman Lintz abstained.

PUBLIC REQUESTS AND PETITIONS

None

A PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR A SECOND UNIT - 30 WEST BRENTMOOR PARK

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

City Manager Owens reported that this is a public hearing and subsequent resolution to consider granting a Conditional Use Permit to Christopher Sims, owner of 30 West Brentmoor Park, to allow for the construction of a 1,563 square foot detached second living unit. The property has a zoning designation of R-1 Large Lot Single-Family Dwelling District.

Christopher Sims, owner, addressed the Board to answer questions.

Mayor Harris closed the public hearing.

Motion made by Alderman Winings to approve Resolution No. 19-08, granting a Conditional Use Permit for 30 West Brentmoor Park. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

A PUBLIC HEARING (FOR DISCUSSION ONLY) – AN ORDINANCE TO CONSIDER AMENDING TITLE IV “LAND USE”, CHAPTER 405 (ZONING REGULATIONS) OF THE MUNICIPAL CODE OF THE CITY OF CLAYTON, MISSOURI, ARTICLE X “PLANNED UNIT DEVELOPMENT DISTRICT”

Mayor Harris opened the public hearing.

The motion passed unanimously on a voice vote. A PUBLIC HEARING (FOR DISCUSSION ONLY) – AN ORDINANCE TO CONSIDER AMENDING TITLE IV “LAND USE”, CHAPTER 405 (ZONING REGULATIONS) OF THE MUNICIPAL CODE OF THE CITY OF CLAYTON, MISSOURI, ARTICLE X “PLANNED UNIT DEVELOPMENT DISTRICT”

Mayor Harris opened the public hearing.

06-11-19 BOA Minutes June 11, 2019 Page 3 of 6

City Manager Owens reported that this an extension of the public hearing held at the May 28 meeting to solicit input regarding a staff-initiated amendment to Chapter 405 (Zoning Regulations) Article X. Planned Unit Development District. Staff and the City Attorney’s office have identified areas of the regulations that are unclear, contradictory to other code required processes and in general, need updating. The Board addressed some concerns and changes and recommended that the proposed ordinance be sent back to the Plan Commission for additional input. The Plan Commission reviewed the draft again at its June 3 meeting and recommended additional changes. A draft of those changes was sent (electronically) to the Board early today.

Susan Istenes, Director, Planning Department, provided the Board with a review of the proposed changes (attached).

Motion made by Alderman Winings to recess the public hearing, tabling Bill No. 6734, an ordinance to consider amending Title IV “Land Use”, Chapter 405 (Zoning Regulations) of the Municipal Code of the City of Clayton, Missouri, Article X “Planned Unit Development District” until the June 25 meeting. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING TEXT AMENDMENTS TO CHAPTER 405 (ZONING REGULATIONS) RELATED TO MEDICAL MARIJUANA

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

City Manager Owens reported that this is a public hearing to solicit input regarding proposed amendments to Chapter 405 (Zoning Regulations) related to medical marijuana facilities. In November 2018, voters in the State of Missouri approved Constitutional Amendment 2 to allow for the restricted cultivation, production, transportation, and administration of marijuana and marijuana-infused products for qualifying patients for medical purposes. Provisions allowing local governments to regulate the time, place and manner of operation of medical marijuana-related facilities were included within the state amendment.

Susan Istenes, Director, Planning Department, addressed the Board to answer questions.

Mayor Harris closed the public hearing.

Alderman Winings introduced Bill No. 6735, to approve an amendment to Chapter 405 (Zoning Regulations) related to medical marijuana to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6735, first reading, an Ordinance Amending Title IV “Land Use”, Chapter 405 (Zoning Regulations) of the Municipal Code of the City of Clayton, Missouri, to Enact Regulations for Medical Marijuana Facilities and other actions related thereto.

The motion passed unanimously on a voice vote.

Motion made by Alderman that the Board give unanimous consent to consideration for adoption of Bill No. 6735 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

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