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December 19, 2023 — Meeting Minutes

This document is the City of Clayton Board of Aldermen meeting minutes for December 19, 2023. It records a public hearing and actions on a rezoning, Planned Unit Development, and subdivision plat for 111 & 121 South Meramec Avenue (including adoption of ordinances/Bill No. 7001 and Bill No. 7002, and Ordinance No. 6863 for the plat), introduction and adoption of ordinances related to vacating and conveying a portion of an alley (Bill No. 7003 introduced) and a Construction Parking Management Plan (Bill No. 7004, adopted as Ordinance No. 6865), approval of the consent agenda including a retention schedule, and discussion of a use and maintenance agreement with the St. Louis County Library District for right-of-way adjacent to Remembrance Park. Votes recorded include unanimous voice votes to introduce bills and roll-call votes (all “Aye”) on the second readings that adopted Bills No. 7002 and 7004.
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12-19-2023 BOA Minutes December 19, 2023 Page 3 of 7

City Attorney Karr reads Bill No. 7002, first reading, an Ordinance Providing for the Approval of a Plat to Consolidate Certain Property Known as 111 and 121 South Meramec Avenue and a Portion of Vacated Alley in the City of Clayton, Missouri by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 7002 on the day of its introduction. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

Alderman Berkowitz introduced Bill No. 7002, approving a Subdivision Plat for 111 & 121 S. Meramec Avenue to be read for the second time by title only. Alderman McAndrew seconded.

City Attorney Karr reads Bill No. 7002, second reading, an Ordinance Providing for the Approval of a Plat to Consolidate Certain Property Known as 111 and 121 South Meramec Avenue and a Portion of Vacated Alley in the City of Clayton, Missouri by title only.

The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6863 of the City of Clayton.

CONSENT AGENDA

12-19-2023 BOA Minutes December 19, 2023 Page 2 of 7

EXHIBIT C, SECTION D: PUBLIC BENEFITS; CODE SECTION 405.1380(B)(16): AFFORDABLE HOUSING. “…The housing units will include a variety of units and shall not be limited to only studio units. The affordable housing units must be located in different parts of the building, with varying unit sizes and number of bedrooms.”

EXHIBIT C, SECTION E DEVELOPMENT COMMITMENTS: 2. PLANNING/ZONING; G. “...The commercial tenant space shall not be occupied by a financial institution…”

Mayor Harris closed the public hearing. Alderman Berkowitz introduced Bill No. 7001, approving the rezoning and a Planned Unit Development for 111 & 121 S. Meramec Avenue to be read for the first time by title only. Alderman McAndrew seconded. City Attorney Karr reads Bill No. 7001, first reading, an Ordinance Providing for the Rezoning of Certain Property Located at 111 & 121 South Meramec Avenue to a Planned Unit Development District to be known as the Shaw Planned Unit District; Providing for the Change in the Zoning Map of the City of Clayton, Missouri; Approving a Planned Unit Development for the Subject Property; and Other Actions Related Thereto by title only. The motion passed unanimously on a voice vote. Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 7001 on the day of its introduction. Alderman McAndrew seconded. The motion passed unanimously on a voice vote. Alderman Berkowitz introduced Bill No. 7001, approving the rezoning and a Planned Unit Development for 111 & 121 S.

The motion passed unanimously on a voice vote. Alderman Berkowitz introduced Bill No. 7001, approving the rezoning and a Planned Unit Development for 111 & 121 S. Meramec Avenue to be read for the second time by title only. Alderman McAndrew seconded. City Attorney Karr reads Bill No. 7001, second reading, an Ordinance Providing for the Rezoning of Certain Property Located at 111 & 121 South Meramec Avenue to a Planned Unit Development District to be known as the Shaw Planned Unit District; Providing for the Change in the Zoning Map of the City of Clayton, Missouri; Approving a Planned Unit Development for the Subject Property; and Other Actions Related Thereto by title only. The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6862 of the City of Clayton. BILL NO. 7002

Alderman Berkowitz introduced Bill No. 7002, approving a Subdivision Plat for 111 & 121 S. Meramec Avenue to be read for the first time by title only. Alderman McAndrew seconded.

Retention Schedule.

Motion made by Alderman Berkowitz to approve the Consent Agenda. Alderman McAndrew seconded.

The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye.

AN ORDINANCE VACATING A PORTION OF A PUBLIC ALLEY AND APPROVING CONVEYANCE OF A PORTION OF THE VACATED RIGHT-OF -WAY (ROW) TO THE ADJOINING PROPERTY OWNER

City Manager Gipson reported that the Shaw (111-121 N. Meramec) Development project has been proposed for the southeast quadrant of this block and, as a result, multiple parcels will be consolidated subject to Board approval of a Consolidation Plat by the City. Given this project, public access to and use of a portion of the east-west alley east of the north-south alley will no longer be necessary.

Matt Malick, Director of Public Works, was in attendance to answer questions.

Alderman Berkowitz introduced Bill No. 7003, approving the vacation of a public alley and approving conveyance of a portion of the vacated right-of -way (ROW) to the adjoining property owner to be read for the first time by title only.

Matt Malick, Director of Public Works, was in attendance to answer questions. Alderman Berkowitz introduced Bill No. 7003, approving the vacation of a public alley and approving conveyance of a portion of the vacated right-of -way (ROW) to the adjoining property owner to be read for the first time by title only.

12-19-2023 BOA Minutes December 19, 2023 Page 4 of 7

City Attorney Karr reads Bill No. 7003, first reading, an Ordinance Vacating a Portion of a Certain Alley Right-Of-Way Which Was Previously Dedicated to the City of Clayton and is not Necessary for Right-of-Way or for Travel by the Public and Authorizing Conveyance of a Portion Thereof to an Adjoining Property Owner by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 7003 on the day of its introduction. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

Alderman Berkowitz introduced Bill No. 7003, approving the vacation of a public alley and approving conveyance of a portion of the vacated right-of -way (ROW) to the adjoining property owner to be read for the second time by title only.

City Attorney Karr reads Bill No. 7003, second reading, an Ordinance Vacating a Portion of a Certain Alley Right-Of-Way Which Was Previously Dedicated to the City of Clayton and is not Necessary for Right-of-Way or for Travel by the Public and Authorizing Conveyance of a Portion Thereof to an Adjoining Property Owner by title only.

The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6864 of the City of Clayton.

AN ORDINANCE ADOPTING A NEW CONSTRUCTION PARKING ORDINANCE

City Manager Gipson reported that over the past few years, the city has been experiencing unprecedented development, especially in the more congested areas of the city. Heightened levels of construction are expected to continue for at least the next few years. The associated road closures and temporary elimination of on-street parking are straining the available convenient parking for retail, restaurants, and commercial businesses. The current parking circumstances are not sufficient to accommodate the needs of residents, businesses, and visitors. Staff believes it is necessary to implement a new construction parking policy and enforcement ordinance to ensure that those responsible for construction activity provide adequate parking for construction employees.

Gary Carter, Director of Economic Development, was in attendance to answer questions.

Alderman Berkowitz introduced Bill No. 7004, approving a Construction Parking Management Plan Policy to be read for the first time by title only. Alderman McAndrew seconded.

City Attorney Karr reads Bill No. 7004, first reading, an Ordinance Amending Chapter 350 of the Clayton City Code to Require and Enforce Construction Parking Management Plans for Certain Construction Projects in the City by title only.

The motion passed unanimously on a voice vote.

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