12-08-15 BOA Minutes December 8, 2015 Page 1 of 9 THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue December 8, 2015 7:00 p.m. Minutes

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

Aldermen: Cynthia Garnholz, Mark Winings, Joanne Boulton, Alex Berger III, Rich Lintz, and Ira Berkowitz. Mayor Sanger City Manager Owens City Attorney O’Keefe

Alderman Boulton moved to approve the November 10, 2015 minutes. Alderman Winings seconded. The motion to approve the minutes passed unanimously on a voice vote. PUBLIC REQUESTS AND PETITIONS

None

PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR DANIELLE’S PLACE LOCATED AT 216 N. MERAMEC AVENUE (HAMPTON INN)

Mayor Sanger opened the public hearing and requested proof of publication. City Manager Owens reported that this is a public hearing and subsequent resolution for a conditional use permit for the operation of a restaurant to be known as Danielle’s Place. The subject property is located on the east side of North Meramec Avenue between Maryland Avenue and Kingsbury Boulevard. The property, which contains a Hampton Inn hotel, has a zoning designation of Planned Unit Development (PUD). The hotel opened in October 2014. A condition of the PUD approval was that the hotel contain a public restaurant. The 2,282-square-foot restaurant space, located on the ground floor, seats 70 patrons. Breakfast is available for purchase during the morning hours, and a select menu of small prate appetizers and entrees is available in the evenings.

The 2,282-square-foot restaurant space, located on the ground floor, seats 70 patrons. Breakfast is available for purchase during the morning hours, and a select menu of small prate appetizers and entrees is available in the evenings. The restaurant is currently operating. The restaurant is open Monday through Friday from 6:30 am to 9:30 am, and from 4:30 pm to 11:00 pm; and Saturday and Sunday from 7:00 am to 10:00 am, and from 4:30 pm to 11:00 pm. Deliveries to the restaurant are made in the morning through the building’s side entrance. Delivery service from the restaurant is not proposed. Trash is stored in existing receptacles located in the loading area. The restaurant does not participate in a recycling program. Valet services are located on North Meramec Avenue. The Plan Commission considered this request at their November 16, 2015 meeting and voted to recommend approval of the Conditional Use Permit to the Board of Aldermen with the condition that a bicycle rack be provided in accordance with the bicycle parking regulations. Recommendation is to conduct a public hearing and approve the resolution. Conor Pandl, Equis Hospitality Management, addressed the Board with his concerns regarding Section 2.5 – “That the operation will be a full service restaurant….”

Alderman Winings seconded. The motion passed unanimously on a voice vote. ORDINANCE TO PLACE A BALLOT PROPOSITION ON THE APRIL 5, 2016 ELECTION TO CONTINUE THE LOCAL SALES TAX ON OUT-OF-STATE VEHICLE SALES

City Manager Owens reported that following a court decision which invalidated local sales taxes on vehicles purchased out-of-state, the legislature reinstated this tax for all jurisdictions with local sales taxes. This same legislation stipulates that each entity levying a sales tax must place on the ballot the question of retaining the sales tax on out-of-state and non-licensed-dealer vehicle purchases. This election must take place by November 2016. If the City of Clayton fails to place the question on the ballot or if the ballot issue fails, out-of- state and private (i.e. from other than a licensed Missouri dealer) vehicle sales tax collections will cease. Per estimates provided by the Missouri Department of Revenue, it is projected that the effect on the City would be reduced revenue of approximately $136,000 per year, or potentially a total of $226,000 per year should St. Louis County also not pass a similar ballot proposition. Kevin O’Keefe presented additional information on this issue at the BOA meeting on November 10, 2015. The St. Louis County Municipal League is supporting a coordinated messaging effort to have this ballot issue in all municipalities and the county on the April 2016 election. Attached is an ordinance placing this proposition on the City’s April 5, 2016 General Municipal Election.

Louis County Municipal League is supporting a coordinated messaging effort to have this ballot issue in all municipalities and the county on the April 2016 election. Attached is an ordinance placing this proposition on the City’s April 5, 2016 General Municipal Election. Staff recommends approving this ordinance placing a ballot proposition regarding the continuation of the sales tax on out-of–state vehicle purchases on the April 5, 2016, General Municipal Election. In response to Mayor Sanger and Alderman Garnholz’s questions, City Attorney O’Keefe stated that he is not aware if St. Louis County will submit the tax issue on its ballot and if so, the County’s ballot submittal will be county-wide for the County’s tax only. He clarified that cities that place the issue on the ballot is separate from the County’s submittal. In response to Alderman Garnholz’s question, City Attorney O’Keefe confirmed that it would be a simple majority vote. In response to Alderman Berkowitz’s question, City Attorney O’Keefe stated that if the County places the issue on the ballot it would be for the County’s one-cent (county wide) sales tax.