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minutes 2017-03-28 City meeting records #qb0f33d4f Open original ↗

March 28, 2017 — Meeting Minutes

These are the minutes of the City of Clayton Board of Aldermen meeting held March 28, 2017. The excerpts record attendance and procedural actions, a postponed PUD/rezoning hearing, a public hearing and Board approval (with Plan Commission and Architectural Review Board recommendations) of a Conditional Use Permit for a drive‑through at 8321 Maryland Avenue (Regions Bank) including details of driveway configuration, lanes, hours, and an always‑accessible drive‑up ATM, and recusal of Alderman Winings from that item. The minutes also record introduction, unanimous first- and second‑reading by title and immediate unanimous consent to adopt Bill No. 6607 to amend the city code to increase the minimum age to acquire tobacco products to 21 years, various board member reports, a motion and unanimous vote to adjourn to a closed meeting under specified RSMo sections, and adjournment at 7:35 p.m.
Cited passage

Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6607, an Ordinance Amending Article XIII of Chapter 215 of the Clayton City Code to Increase the Minimum Age to Acquire Tobacco Products to Twenty-One Years for the second time by title only. Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6475 of the City of Clayton. A MOTION TO APPOINT A MEMBER TO THE PUBLIC ART ADVISORY COMMITTEE (PAAC)

City Manager Owens reported that due to the recent resignation of Ward 1 representative Barbara Eagleton, Ward 1 has nominated Carmon Colangelo as representative to complete Ms. Eagleton’s term ending June 30, 2017. Alderman Winings commented that after reviewing Mr. Colangelo’s application and resume he is satisfied with the nomination. Alderman Boulton added that Mr. Colangelo has a lot of experience with public art as well as several selected art pieces throughout the Washington University campus. Alderman Garnholz moved to approve the appointment of Carmon Colangelo to the PAAC. Alderman Winings seconded. The motion passed unanimously on a voice vote. Other

Alderman Boulton reported on the following:  Plan Commission/ARB – recently approved the GBT Development project with a 4-2 vote.

Alderman Garnholz moved to approve Resolution No. 17-03, a Conditional Use Permit for 8321 Maryland Avenue (Regions Bank) as amended. Alderman Boulton seconded. The motion passed unanimously on a voice vote. Alderman Winings rejoined the meeting at 7:21 p.m. AN ORDINANCE TO CONSIDER AUTHORIZING THE CITY TO JOIN THE MISSOURI CLEAN ENERGY DISTRICT AND SHOW ME PACE PURSUANT TO THE PROPERTY ASSESSMENT CLEAN ENERGY ACT

City Manager Owens reported that due to some questions received this item will be removed from Board consideration tonight until a future meeting. AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO ARTICLE XIII OF CHAPTER 215 OF THE CLAYTON CITY CODE TO INCREASE THE MINIMUM AGE TO ACQUIRE TOBACCO PRODUCTS TO TWENTY-ONE YEARS

City Manager Owens reported that to come into compliance with the Missouri State Statutes revisions, the Board of Aldermen recently approved revisions to Chapter 215, Offenses which included revisions to Article XIII, Offenses Concerning Tobacco. St. Louis County has enacted new health regulations changing the age for tobacco purchase and possession from 18 to 21 (Ordinance 26,522) while Clayton’s Code currently allows tobacco purchase and possession to occur at 18 years of age. Under the direction of the City

03-28-17 BOA Minutes March 28, 2016 Page 4 of 5 Attorney, staff recommends that the Board approve an amendment to bring the age of purchase limitation in line with St. Louis County. Alderman Berkowitz commented that he would like to see the age at 45 or 60. Alderman Garnholz introduced Bill No. 6607, an ordinance to approve an amendment to Chapter 205, Article XIII to increase the minimum age to acquire tobacco products to 21 years to be read for the first time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6607, an Ordinance Amending Article XIII of Chapter 215 of the Clayton City Code to Increase the Minimum Age to Acquire Tobacco Products to Twenty-One Years for the first time by title only. The motion passed unanimously on a voice vote. Alderman Garnholz moved that the Board give unanimous consent to consideration for adoption of Bill No. 6607 on the day of its introduction. Alderman Winings seconded. The motion passed unanimously on a voice vote. Alderman Garnholz introduced Bill No. 6607, an ordinance to approve an amendment to Chapter 205, Article XIII to increase the minimum age to acquire tobacco products to 21 years to be read for the second time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6607, an Ordinance Amending Article XIII of Chapter 215 of the Clayton City Code to Increase the Minimum Age to Acquire Tobacco Products to Twenty-One Years for the second time by title only.

The motion passed unanimously on a voice vote. Other

Alderman Boulton reported on the following:  Plan Commission/ARB – recently approved the GBT Development project with a 4-2 vote. Alderman Berkowitz reported on the following:  CCF Major Gifts met and discussed plans for a natural playground at The Family Center; cost is $300,000; they are anticipating donations from developers; Joe Downs of Opus Group has joined the group reporting that Opus has monies available for the project(s).  Attended Peter Sortino’s funeral services.

03-28-17 BOA Minutes March 28, 2016 Page 5 of 5

Mayor Sanger reported on the following:  Attended the MML meeting on March 23; Pat Kelly provided the group with a legislative report: o The TIF issue is progressing - Constitutional amendment to require countywide public vote before authorizing TIF project. o HB608 - Short Term Rental of Residential Property has moved to the House for debate; and attempts to resolve MML concerns about local zoning compliance. The substitute bill does clarify that local zoning regulations must be followed, the bill continues to prohibit a municipality from banning short-term residential rentals or from passing restrictions that have the practical effect of banning short-term rentals. o HB935 - St. Louis Zoo sales tax to be voted on in St. Louis City and St. Charles, Jefferson, Franklin and St. Louis Counties. o East West Gateway will be accepting grant applications to provide planning assistance through the Great Streets Initiative (biking efforts). o St. Louis Regional Freightway, part of the BiState Development group, is a public-private partnership to optimize the region’s freight transportation network. The goal is to produce results that strengthen the St. Louis region by increasing job growth and improving the local economy. The cooperative effort will determine how the region manages the movement of freight on the roads, rails, rivers, airports, and pipelines.

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