10-26-2021 BOA Minutes October 26, 2021 Page 1 of 7

THE CITY OF CLAYTON

Board of Aldermen Virtual Zoom Meeting October 26, 2021 7:02 p.m.

UMinutes

NOTE: In accord with the provisions of Section 610.015, RSMo., and multiple declarations of emergency at every level of government, and the prohibition on gatherings of 10 or more persons due to the Coronavirus pandemic, normal requirements for voting in the Board meeting were suspended. Accordingly, votes were taken as if all Board members were physically present and in attendance at the meeting.

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

Aldermen: Rich Lintz, Ira Berkowitz, Bridget McAndrew, Susan Buse, and Gary Feder.

Mayor Harris City Manager Gipson City Attorney O’Keefe

Absent: Becky Patel

41TUPUBLIC REQUESTS AND PETITIONS

Ivan Baxter, 7401 Somerset, addressed the Board (virtually) with concerns on the City’s ordinance on solar power and the importance of reducing the carbon footprint in this time of climate emergency. He suggested that the Board review the ordinance to include solar power.

Alderman Lintz commented that the Sustainability Committee has included in its discussions solar power and other ways to encourage solar energy. He invited Mr. Baxter to attend (virtually) the Sustainability Meeting on Thursday, October 28.

City Manager Gipson noted that the meeting will be held virtually, and the link is available on the City’s website.

Motion made by Alderman McAndrew to approve the October 12, 2021 minutes. Alderman Berkowitz seconded.

Motion to approve the minutes passed unanimously on a voice vote.

A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING A SUBDIVISION PLAT (LOT CONSOLIDATION) AND RELATED EASEMENTS FOR 9 NORTH BEMISTON AVENUE

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

Motion to approve the minutes passed unanimously on a voice vote. A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING A SUBDIVISION PLAT (LOT CONSOLIDATION) AND RELATED EASEMENTS FOR 9 NORTH BEMISTON AVENUE

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

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City Manager Gipson reported that this is a public hearing and subsequent ordinance to consider approving a subdivision plat and related air rights and sidewalk easements for the consolidation of portions of Lots 9, 10, 11 & 12 of Block 11 of the City of Clayton to create one lot. The proposed lot has a zoning designation of PUD, Planned Unit Development District.

The subject property is located west of Bemiston Avenue, south of Maryland Avenue, and east of Central Avenue in the north half block, bounded by an east/west alley to the south. The site is currently made up of multiple properties located at 26, 30, 32, and 38 North Central, 7800 and 7820 Maryland Avenue, and 9 and 19 Bemiston Place. The property is zoned PUD.

The proposed plat will consolidate the existing lots into one lot to allow for the development of the mixed-use residential apartment building with street level commercial space and an internal parking structure. Development and design of the mixed-use structure were previously approved in December of 2020. The consolidated lot will measure 66,787 square feet.

City Attorney O’Keefe noted that as the City Manager referenced there will be easements and plat dedications to be approved by the ordinance as drafted. He pointed out that updated documents were distributed to the Board earlier this evening with the latest documents of the easement referenced 01r08-Air rights and sidewalk easement agreement docx, Exhibit B, attached to the bill as introduced. Exhibit A is the Plat that includes revisions to clean-up language in the dedication of alley widening; a 4’ additional alley version 6791-Lot Consolidation Plat, 10.26.21 (finalv2).pdf.

Diane Mispagel, Attorney representing the developer, in attendance (virtually) addressed the Board to answer questions.

Mayor Harris closed the public hearing

Alderman Lintz introduced Bill No. 6865, to approve a subdivision plat/lot consolidation and related easements for 9 N. Bemiston Avenue and the revised Exhibits A & B to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6865, first reading, an Ordinance Providing for the Approval of a Plat to Consolidate Certain Property Located on Central Avenue, Maryland Avenue, and Bemiston Avenue in the City of Clayton, Missouri and Approving Easements Related Thereto by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6865 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6865, to approve a subdivision plat/lot consolidation and related easements for 9 N. Bemiston Avenue and the revised Exhibits A & B to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6865, second reading, an Ordinance Providing for the Approval of a Plat to Consolidate Certain Property Located on Central Avenue, Maryland

Alderman Lintz introduced Bill No. 6866, to approve an amendment to Table III-I Parking Regulations by adding a section of DeMun Avenue, Two-Hour Parking Areas to be read for the second time by title only. Alderman Berkowitz seconded.

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City Attorney O’Keefe reads Bill No. 6866, second reading, an Ordinance Amending Table III-I of Title III of the Clayton City Code by title only.

The motion passed on a roll call vote: Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Feder – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6725 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING THE APPOINTMENTS OF CERTAIN BOARD OF DIRECTORS TO THE 25 NORTH CENTRAL COMMUNITY IMPROVEMENT DISTRICT (CID)

City Manager Gipson reported that on June 9, 2015, the City of Clayton created the 25 North Central Community Improvement District (CID) for the property located at 25 N. Central Avenue. The CID imposes an additional 1% sales tax on restaurant and other retail sales. The CID uses the revenues from the sales tax and special assessment to reimburse the Developer for certain eligible redevelopment costs totaling $1,500,000.

The CID is governed by a five-member board of directors appointed by the mayor with the consent of the Board of Aldermen. Only registered voters residing within the CID and the authorized representatives of property owners within the CID may be appointed to the Board of Directors. In this case, the building owner is the sole property owner within the CID. The current Board of Directors of the CID is as follows:

Sasha Lee

Term Expires July 8, 2023 Kevin Allen

Term Expires July 8, 2023 Clint Bridges

Term Expires July 8, 2021

Eugene Norber

Term Expired July 8, 2021

Michelle Hoskins-Cummings Term Expired July 8, 2021 (resigned 3/24/21)

The CID is requesting that Clint Bridges and Eugene Norber be reappointed, term expires July 8, 2025 and that Amanda Middaugh is appointed (replacing Michelle Hoskin-Cummings), term expires July 8, 2025. Alderman Lintz introduced Bill No. 6867, an ordinance to approve the appointments/reappointments of board members for the 25 N. Central Avenue Community Improvement District (CID) to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe noted that the incorrect version of the draft ordinance was included in the Board’s packet. The ordinance should read as follows:

SECTION 1. Appointment of Directors. In addition to the continuing service of Sasha Lee (Term Expires July 8, 2023), Kevin Allen (Term Expires July 8, 2023), the following individuals are hereby appointed to the Board of Directors of the District for the terms noted as follows:

Appointment of Directors. In addition to the continuing service of Sasha Lee (Term Expires July 8, 2023), Kevin Allen (Term Expires July 8, 2023), the following individuals are hereby appointed to the Board of Directors of the District for the terms noted as follows:

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Amanda Middaugh

4-year term, expiring July 8, 2025 Clint Bridges

4-year term, expiring July 8, 2025 Eugene Norber

4-year term, expiring July 8, 2025

Motion made by Alderman Lintz to amend Bill No. 6867 as corrected. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

City Attorney O’Keefe reads Bill No. 6867, first reading, an Ordinance of the City of Clayton, Missouri, Approving the Appointment of Certain Successor Directors to the Board of Directors for the 25 North Central Community Improvement District as amended by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6867, as amended on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6867, an ordinance to approve the appointments/reappointments of board members for the 25 N. Central Avenue Community Improvement District (CID) as amended to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6867, second reading, an Ordinance of the City of Clayton, Missouri, Approving the Appointment of Certain Successor Directors to the Board of Directors for the 25 North Central Community Improvement District as amended by title only.

The motion passed on a roll call vote: Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Feder – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6726 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO CHAPTER 600 – ALCOHOLIC BEVERAGES

City Manager Gipson reported that this is an ordinance to incorporate recent State Legislative changes pertaining to liquor regulations into the City’s Code. The primary drive of the 2021 legislative changes is to (a) expand Sunday sales hours for all classes of licenses, and (b) authorize a process whereby restaurants can sell take-out alcoholic beverages to customers taking out food.

In addition, there were some changes to regulations governing transactions between manufacturers, wholesalers, retail licensee, and reinforcement of other changes in state law to not automatically disqualify anyone ever convicted of a felony from being licensed or working at a licensed premises.