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March 26, 2019 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held March 26, 2019. It records attendance, a proclamation presented to the owners of Protzel’s Deli, public requests (none), and consideration of agenda items including approval of a retail liquor license for BL Hospitality, LLC d/b/a Akar at 7641 Wydown Boulevard (motion approved unanimously) and an appeal concerning a Conditional Use Permit for a Montessori school at 6611–6619 Clayton Road and related parking at 6602 Alamo Avenue (the Board took the appeal under submission). The minutes also summarize aldermen reports on items such as Plan Commission/ARB fencing discussions, Clayton Century/Foundation activities, a potential ice rink project and public art, and record a motion (unanimous aye votes listed) to adjourn to a closed meeting under specified RSMo sections.
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03-26-19 BOA Minutes March 26, 2019 Page 1 of 3

THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue March 26, 2019 7:00 p.m. Minutes

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

Aldermen: Mark Winings, Joanne Boulton, Rich Lintz, Ira Berkowitz, Michelle Harris, and Bridget McAndrew. Mayor Sanger City Manager Owens City Attorney O’Keefe

PROCLAMATION

Mayor Sanger presented a proclamation to Max and Erica Protzel in recognition for Protzel’s Deli being ranked as the “Best Jewish Deli” in the State of Missouri. PUBLIC REQUESTS AND PETITIONS

None

A MOTION TO CONSIDER APPROVING A LIQUOR LICENSE FOR BL HOSPITALITY, LLC D/B/A AKAR AT 7641 WYDOWN BOULEVARD

City Manager Owens reported that BL Hospitality, LLC d.b.a. Akar is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 7641 Wydown Boulevard. Mr. Robert Hu, representative, and Mr. Poh Leng Lee, new chef/owner, addressed the Board to answer questions. Motion made by Alderman Winings to approve a liquor license for the BL Hospitality, LLC d/b/a Akar located at 7641 Wydown Boulevard. Alderman Boulton seconded. Motion passed unanimously on a voice vote.

Alderman Boulton seconded. Motion passed unanimously on a voice vote. APPEAL – BOARD OF ALDERMEN’S DECISION REGARDING A CONDITIONAL USE PERMIT REQUEST FOR THE MONTESSORI SCHOOL LOCATED AT 6611-6619 CLAYTON ROAD AND A PARKING LOT LOCATED AT 6602 ALAMO AVENUE

City Manager Owens reported that the City has received an appeal of the Board of Alderman regarding the decision of issuing a Conditional Use Permit request for Montessori School located at 6611 – 6619 Clayton road and a parking lot located at 6602 Alamo Avenue. At the request of Mayor Sanger, City Attorney O’Keefe explained that the issue before the Board is an appeal filed by the applicant. It is an opportunity this evening for the

03-26-19 BOA Minutes March 26, 2019 Page 2 of 3

applicant/representative to summarize the extensive packet of material they had submitted, and the Board has received. Per the City’s Ordinance, this is an opportunity for the appellant and the applicant to identify what they assert to have been mistakes or errors on the part of the Board in reaching its prior decision. He explained that it is not the purpose of going back to square one, but that the question before them is their assertion that the Board had made an error - a question of the process on rather it was appropriately carried out. Prior to the beginning of tonight’s meeting he spoke with the applicant’s attorney who will make a summary to the Board. The issue is whether they can persuade the Board that a mistake in the process was made. He noted that at the conclusion of the presentation the Board will take the matter under submission and they will rule on it in writing at a later date. Mr. Dan Peters, Attorney, SmithAmundsen, addressed the Board, he echoes Mr. O’Keefe’s comments, they are not here to re-present their application. This is a step that is required and that they have a right of judicial review of the decision as discussed with Mr. O’Keefe. He is here tonight to ask the Board to reconsider its decision, they have set forth the reasons extensively in their letter of appeal, but he wanted to emphasize a couple of points.

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