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November 14, 2017 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held November 14, 2017. It records attendance, a motion and roll-call vote to go into a closed meeting, approval of prior minutes, public hearings and unanimous approvals of conditional use permits for 6409 and 6411 Clayton Road, adoption of an ordinance amending the Public Art Advisory Committee (Bill No. 6639.1.2 → Ordinance No. 6506), approval of an updated Public Art Plan (Resolution No. 17-26), and introduction, amendment, and unanimous consent to consider an ordinance to amend the Sustainability Committee section of the city code (Bill No. 6640). The excerpts show motions, roll-call and voice votes (recorded as aye or unanimous) but do not include numerical levy or tax figures.
Cited passage

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.

11-14-17 BOA Minutes November 14, 2017 Page 1 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 6:35 p.m.

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 Harris moved 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.

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

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 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

11-14-17 BOA Minutes November 14, 2017 Page 4 of 8 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition amend Section 140.030 – C by removing, “…No member may be appointed to serve more than three (3) full terms consecutively...” The City Attorney has provided tonight a draft of the amended ordinance (Bill No. 6639.1.2).

Alderman Winings introduced Bill No. 6639.1.2, an ordinance to amend Section 140.130 of the Clayton City Code relating to the Public Art Advisory Committee as amended to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6639.1.2, an Ordinance Amending Section 140.130 of the Clayton City Code Relating to the Public Art Advisory 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. 6639.1.2 as amended on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6639.1.2, an ordinance to amend Section 140.130 of the Clayton City Code relating to the Public Art Advisory Committee as amended to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6639.1.2, an ordinance to amend Section 140.130 of the Clayton City Code relating to the Public Art Advisory 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. 6506 of the City of Clayton.

RESOLUTION - TO SUPPORT THE UPDATE TO THE PUBLIC ART PLAN FOR THE CITY OF CLAYTON

City Manager Owens reported that last year, staff was tasked with updating the City’s Public Art Plan. Originally completed in 2002, it was thought that, due to additions to the City’s collection of public art and changes made to the Clayton Art Commission and the establishment of the Clayton Century Foundation, it was time to update the plan. The Livable Community Action Team had also recommended updating the plan to reflect projects that have been completed and to prioritize remaining locations for additional placement of public art.

A motion was made by Alderman Winings to approve Resolution No. 17-26, updating the Public Art Plan for the City of Clayton. Alderman Boulton seconded.

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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