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December 19, 2017 — Meeting Minutes

This document is the City of Clayton Board of Aldermen meeting minutes for December 19, 2017. It records attendance and procedural actions, public requests (none), and deliberations and votes on ordinances including repealing Ordinance No. 6511 and approving a corrected first amendment to the Bonhomme Parking Garage lease (adopted as Ordinance No. 6512), adopting a Clayton Vibrant Retail and Restaurant Incentive Program (adopted as Ordinance No. 6513), and approving a Purchase and Development Agreement for 8049 Forsyth Boulevard with Flaherty & Collins (adopted as Ordinance No. 6514). The minutes note roll-call vote results (all listed members voted “Aye” on the recorded bills) and include brief public comments and Board reports.
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12-19-17 BOA Minutes December 19, 2017 Page 2 of 4 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition Alderman Boulton introduced Bill No. 6647, an ordinance to repeal Ordinance No. 6511 approving a first amendment to the amended and restated Bonhomme Parking Garage Lease to be read for the second time by title only. Alderman Berger seconded. City Attorney Karr reads Bill No. 6647, an Ordinance Providing for the Approval and Execution of a First Amendment to the Amended and Restated Lease Between the City of Clayton and Clayton On the Park, LLC. and Actions Related Thereto for the second time by title only. The motion passed on a roll call vote: Alderman Berger – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6512 of the City of Clayton. AN ORDINANCE TO CONSIDER ADOPTING A CLAYTON VIBRANT RETAIL AND RESTAURANT INCENTIVE PROGRAM

City Manager Owens reported that staff has revised the policy that was previously presented to the Board at the December 12, 2017 meeting. The policy will incentivize further improvement to development in the downtown which will increase the area’s vibrancy and promote safe and efficient buildings. Alderman Boulton requested that the policy is reviewed after a year. Peter Smith, 23 Brighton Way, addressed the Board with concerns of noise related to increased vibrancy to area.

12-19-17 BOA Minutes December 19, 2017 Page 1 of 4 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition THE CITY OF CLAYTON Board of Aldermen City Hall – 10 N. Bemiston Avenue December 19, 2017 7:00 p.m. Minutes

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

Aldermen: Alex Berger, Joanne Boulton, Rich Lintz, Ira Berkowitz, and Michelle Harris

Mayor Sanger City Manager Owens City Attorney Karr City Clerk Frazier

Absent: Mark Winings

Motion was made by Alderman Berger to approve the December 12, 2017 minutes. Alderman Boulton seconded. The motion passed unanimously on a voice vote. PUBLIC REQUESTS AND PETITIONS

None

AN ORDINANCE TO CONSIDER REPEALING ORDINANCE 6411 AND APPROVAL OF THE FIRST AMENDMENT TO AMENDED AND RESTATED BRENTWOOD-BONHOMME PARKING GARAGE LEASE BETWEEN THE CITY AND CLAYTON ON THE PARK, LLC

City Manager Owens reported that due to a clerical error, an earlier draft of the intended document was included for Board consideration last week. Staff has corrected the error and now ask that Ordinance No. 6511 which approved the erroneous draft be repealed and the correct document be considered. Alderman Boulton introduced Bill No. 6647, an ordinance to repeal Ordinance No. 6511 approving a first amendment to the amended and restated Bonhomme Parking Garage Lease to be read for the first time by title only. Alderman Berger seconded.

Alderman Boulton introduced Bill No. 6647, an ordinance to repeal Ordinance No. 6511 approving a first amendment to the amended and restated Bonhomme Parking Garage Lease to be read for the first time by title only. Alderman Berger seconded. City Attorney Karr reads Bill No. 6647, an Ordinance Providing for the Approval and Execution of a First Amendment to the Amended and Restated Lease Between the City of Clayton and Clayton On the Park, LLC. and Actions Related Thereto for the first time by title only. The motion passed unanimously on a voice vote. Alderman Boulton moved that the Board give unanimous consent to the consideration for adoption of Bill No. 6647 on the day of its introduction. Alderman Berger seconded. The motion passed unanimously on a voice vote.

Alderman Boulton requested that the policy is reviewed after a year. Peter Smith, 23 Brighton Way, addressed the Board with concerns of noise related to increased vibrancy to area. Mayor Sanger explained that the incentive policy is to promote rehabilitation of the City’s older buildings. Alderman Boulton introduced Bill No. 6644, an ordinance to consider adopting a Clayton Vibrant Retail & Restaurant Incentive Program to be read for first time by title only. Alderman Berger seconded. City Attorney Karr reads Bill No. 6644, an Ordinance Adopting the Clayton Vibrant Retail and Restaurant Incentive Policy for the first time by title only. The motion passed unanimously on a voice vote. Alderman Boulton moved that the Board give unanimous consent to the consideration for adoption of Bill No. 6644 on the day of its introduction. Alderman Berger seconded. The motion passed unanimously on a voice vote. Alderman Boulton introduced Bill No. 6644, an ordinance to consider adopting a Clayton Vibrant Retail & Restaurant Incentive Program to be second for first time by title only. Alderman Berger seconded. City Attorney Karr reads Bill No. 6644, an Ordinance Adopting the Clayton Vibrant Retail and Restaurant Incentive Policy for the second time by title only.

12-19-17 BOA Minutes December 19, 2017 Page 3 of 4 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition The motion passed on a roll call vote: Alderman Berger – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6513 of the City of Clayton. AN ORDINANCE TO CONSIDER APPROVING A PURCHASE AND A DEVELOPMENT AGREEMENT FOR 8049 FORSYTH BOULEVARD

City Manager Owens reported that staff issued a request for proposals related to the development of City-owned property located at 8049 Forsyth Boulevard, currently a surface parking lot. Staff received four responses by the August 3, 2015, deadline. After reviewing all responses, staff recommends selecting Flaherty & Collins as the purchaser and developer of the property. Gary Feder, Attorney, Husch Blackwell, representing KP Development, 8015 & 8047 Forsyth Boulevard, addressed the Board with concerns related to parking plans and requested that the Board deny the approval of the ordinance. Andrew Galakatos, 8025 Maryland Avenue addressed the Board requesting that they turn down the proposal as it currently exists. Alderman Boulton referenced a 2016 parking study between Lochmueller Group and CBB regarding shared parking demands. Peter Smith, 23 Brighton Way, expressed his concerns about the lack of communication to residents regarding the project. Mayor Sanger summarized the communication process related to this project. Alderman Berger also referenced the communication (E-communications) process.

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