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minutes 2016-05-10 City meeting records #qa628b7b1 Open original ↗

May 10, 2016 — Meeting Minutes

These are the City of Clayton Board of Aldermen minutes for the May 10, 2016 meeting. The excerpts record attendance, approval of prior minutes, recognitions (including awards to Mayor’s Youth Advisory Council members and Claverach Park’s listing), public hearings and actions on conditional use and liquor license requests (including discussion of Billie-Jean at 7610 Wydown Boulevard), and several ordinance items (budget amendment, HVAC, paving) that were tabled to May 24, 2016. The minutes also record approval of a construction contract award for the Alley Repairs FY2016 project (low bid $381,140; engineer’s estimate $342,710), a presentation about new electronic water meters, and a motion (unanimous recorded vote) to adjourn to a closed meeting under specified RSMo sections.
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05-10-16 BOA Minutes May 10, 2016 Page 2 of 6 The Conditional Use Permit issued for the operation of J. Buck’s limited the number of patron seats to one hundred ninety four (194). Capital Grill’s plans provide interior seating for two hundred fifty one (251) patrons. Additionally, Capital Grille’s interior square footage will be 8,782-square feet; 1,147 square foot larger than the interior space used by J. Buck’s. Proposed hours of operation are Monday through Thursday from 11:30 – 10 p.m.; Friday from 11:30 – 11 p.m.; Saturday from 4 p.m. – 11 p.m. and Sunday from 4 p.m. – 9 p.m. Because the restaurant is located in an office building greater than 150,000 square feet with off-street parking, the restaurant is exempt from providing off-street parking. Recommendation is to approve the requested transfer pursuant to the conditions contained in the Resolution. In response to the Board’s questions, Art McIntosh, Brand Manager for Capital Grille, addressed the Board stating that one they get through the permit process they will begin renovation of the property. Plans do not include the use of the patio and they anticipate opening within a year. They menu will feature prime cuts of steak and also seafood. Mayor Sanger closed the public hearing. Alderman Garnholz moved to approve Resolution No. 16-12, the transfer of a Conditional Use Permit from Bodley Buck of Clayton, LLC, d/b/a J. Buck’s to Capital Grille Holdings, Inc., d/b/a Capital Grille. Alderman Winings seconded. The motion passed unanimously on a voice vote.

05-10-16 BOA Minutes May 10, 2016 Page 1 of 6 THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue May 10, 2016

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 April 26, 2016 (1st and 2nd meetings) minutes. Alderman Winings seconded. The motion to approve the minutes passed unanimously on a voice vote. PUBLIC REQUESTS AND PETITIONS

None

RECOGNITIONS

Mayor Sanger presented a proclamation and a plaque to Laura Stanton, MYAC Adult Sponsor in recognition of her services to the Mayor’s Youth Advisory Council (MYAC). Mayor Sanger presented certificates to the members of MYAC for their participation. Mayor Sanger presented a plaque of special recognition to Claire Centeno for her outstanding role in MYAC. Mayor Sanger announced that Claverach Park has been recognized on the State’s National Register of Historic Places. PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A TRANSFER OF CONDITIONAL USE PERMIT - 101 SOUTH HANLEY ROAD

Mayor Sanger opened the public hearing and asked for proof of publication. City Manager Owens reported that this is a public hearing to consider approving a resolution for a transfer of a Conditional Use Permit from Bodley Buck of Clayton, LLC, d/b/a J. Buck’s to Capital Grille Holdings, Inc., d/b/a Capital Grille.

City Manager Owens reported that this is a public hearing to consider approving a resolution for a transfer of a Conditional Use Permit from Bodley Buck of Clayton, LLC, d/b/a J. Buck’s to Capital Grille Holdings, Inc., d/b/a Capital Grille. In April, 1999, a Conditional Use Permit was issued for the operation of J. Buck’s, a full-service restaurant on the first floor of the subject building. J. Buck’s recently vacated the premises and Capital Grille Holdings, Inc. is requesting a transfer of the Conditional Use Permit to allow the operation of a new restaurant to be known as Capital Grille.

Alderman Winings seconded. The motion passed unanimously on a voice vote. A MOTION TO CONSIDER APPROVING A LIQUOR LICENSE FOR BILLIE-JEAN RESTAURANT AT 7610 WYDOWN BOULEVARD. City Manager Owens reported that Zoe V, LLC d/b/a Billie-Jean is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 7610 Wydown Boulevard. The Police Department has completed its review of the application and supports the issuance of the requested license. The Planning and Development department has also approved the application with no objections. The applicant has chosen not to submit a petition from surrounding property owners and first floor tenants. As a result, they are aware that this application must have a super majority vote of five Board members in order to be approved. Staff has requested that a representative be in attendance at the meeting. Staff recommends passing a motion to approve the liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays. Zoe Robinson, owner, addressed the Board stating that she is excluding Sundays. In response to Alderman Berkowitz’s question, Ms. Robinson explained that the kitchen will have ovens, stove top, and a refrigerator. Her menu will be full service – contemporary American style. Alderman Boulton asked for clarification of “kitchen” and thought that the Conditional Use Permit had not included a kitchen. Ms. Robinson further explained that the patio will have four tables (eight seats total). The design plans for the patio will include an enclave “draped closure”.

05-10-16 BOA Minutes May 10, 2016 Page 3 of 6 In response to Alderman Berkowitz’s question, Ms. Robinson stated that they would not use the tables that are outside of Protzels. Betsy Wack, 7611 Wydown Boulevard, addressed the Board with concerns of maintaining the preservation and integrity of the neighborhood with regard the potential noise from the patio seating. In response to Alderman Lintz’s question regarding the noise from the former yogurt shop, Mr. Wack stated that the yogurt shop did not have any significant outdoor seating. Jim Scherl, Muscle Up Fitness, addressed the Board stating that he is in support of the restaurant and feels it would be another “classy” addition to Ms. Robinson’s restaurants. He commented that Ms. Robinson’s restaurants are professionally managed and are very classy. Julian Hess, 7246 Wydown, addressed the Board stating that with the previous business, the yogurt shop there was always trash on the sidewalks and near the streets from its patrons. He very much welcomes Ms. Robinson’s new restaurant because as she has proven in her current two restaurants they are a first class operation. David Kraus, 7616 Walinca Terrace, addressed the Board stating that he has seen businesses come and go and that he fully supports the City’s growth. He is concerned on how this process has become “bizarre” with regard to the egress on the sidewalks and that he feels the menu is “veiled” in mystery. He expressed his concerns regarding parking and if the City will consider restrictions in the neighborhood.

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