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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.
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03-28-17 BOA Minutes March 28, 2016 Page 3 of 5 In response to the Board’s questions, Mr. Naylor explained and clarified the screening wall and plantings. In response to Alderman Boulton’s inquiry regarding services for the sight impaired; Mr. Naylor confirmed that there are handheld devices available. Mayor Sanger asked if there had been any other structure on the lot in its 104 year history. Alderman Berger relayed his appreciation in their consideration to hold public neighborhood meetings and their responsiveness to citizen’s concerns. In response to Alderman Berkowitz’s questions, Mr. Naylor confirmed that the structure is a single story. With regard to the current location at 8100 Maryland, Mr. Naylor stated that he is not aware of any plans for the lobby, but is aware that the bank will maintain office space at that location. In response to Alderman Garnholz’s question with regard to the hours, City Manager Owens explained the terms of the Conditional Use Permit. In response to Mayor Sanger’s question, Mr. Naylor stated that banking services have changed significantly over the years and that the bank will have a few tellers available to help/direct customers with their business and that there will be video “tellers” in the lobby of the bank. Alderman Boulton added that there is also a special (private) room where the customer can securely access an ATM after hours. Mayor Sanger closed the public hearing. 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 proposed access point for the drive-through is located deep in the lot, away from the intersection with Maryland Avenue. Stacking lanes are straight with minimal curves, and provide an escape/bypass lane. According to the study, the traffic impacts associated with the drive- through itself are minimal, and there is adequate stacking distance to prevent cars from backing up on Lancaster Drive. A noise study was also conducted in 2013 for the original 5/3 Bank proposal to assess the acoustical impact of the proposed drive-through speakers. The drive-through facility for Regions Bank does not include speakers. Because the drive-through lanes are oriented parallel to Maryland Avenue, vehicular headlights will be directed away from the adjacent residential properties. Lighting on the drive-through structure itself is limited to four LED down lighting fixtures located underneath the drive-through canopy. Five 15-feet in height pole lights are proposed adjacent to the drive-through. All proposed lights are LED with internal shields, channeling the light toward the drive-through and parking areas and not the residential lots to the north. The Plan Commission, at its March 6, 2017 meeting, considered and approved the site plan associated with this project and voted to approve. At the same meeting, the Plan Commission also considered the request for the Conditional Use Permit and voted unanimously to recommend approval to the Board of Aldermen. The Architectural Review Board considered the architectural aspects of the project and voted unanimously to approve.

At the same meeting, the Plan Commission also considered the request for the Conditional Use Permit and voted unanimously to recommend approval to the Board of Aldermen. The Architectural Review Board considered the architectural aspects of the project and voted unanimously to approve. City Manager Owens noted a revised draft of the resolution has been provided to the Board noting the corrections as follows: (4) The drive-through facility will consist of three lanes, one bi- pass lane and two drive-up Automatic Teller Machine (ATM); and (5) The drive-up ATM will be accessible at all times. Recommendation is to approve a Conditional Use Permit, as amended, for Regions Bank to allow the installation/operation of a drive-through facility, pursuant to the stipulations and conditions listed in the resolution. Alderman Winings recused himself from the meeting. David Sweeney, Lewis Rice Law Firm, addressed the Board introducing Mark Naylor, Roberts Group, Regions Bank, and Chuck Colsey, Stock and Associates. Mr. Naylor provided a PowerPoint© presentation to the Board.

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.

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