In response to Alderman Lintz’ question, Mr. Breihan explained the design as it relates to possibly increasing the sidewalk space.

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Mayor Harris explained to the audience that tonight’s discussion was to hear the presentation only and refer the item back to the Plan Commission along with the Board’s and public’s questions and concerns and then it would come back before the Board for another public hearing.

Mayor Harris closed the public hearing.

AN ORDINANCE TO CONSIDER APPROVING TO CORRECT CLERICAL ERRORS IN ORDINANCE NO. 6674 (RELATED TO BEMISTON PLACE PROJECT) TO ACCURATELY REFLECT THE INTENT AND ACTION OF THE BOARD OF ALDERMEN

City Manager Gipson reported that on December 22, 2020, the Clayton Board of Aldermen considered and approved Ordinance No. 6674 for the establishment of a mixed-use Planned Unit Development known as Bemiston Place. The mixed-use structures will contain approximately 268,535 square feet of floor area, including apartment units, retail and restaurant spaces, and a parking garage. The applicant recently approached the City of Clayton to clarify the amount of retail space, which was originally approved at 10,667 square feet of retail. Upon further review, the applicant determined that the initial square footage calculation included a hallway measuring 308 square feet in area that should not have been classified as retail. Subsequently, the applicant submitted an application to revise the ordinance to ensure accuracy. While reviewing the applicant’s request, staff further identified two locations in the ordinance where the number of apartment units was not consistent with the final Development Plan. The areas of the ordinance requiring correction are as follows: Ordinance No. 6674, paragraph 3 erroneously stated that the Bemiston Place Mixed Use Planned Unit Development permits 236 Rental Apartments and 10,667 square feet of retail/restaurant space; and

Exhibit C, Section A (1) “Permitted Uses Identified in the PUD Plans as Residential” of Ordinance 6674, erroneously stated that the Bemiston Place Mixed Use Planned Unit Development permits 246 Rental Apartment Dwelling Units; and

Exhibit C, Section B “Development Standards” erroneously noted in the Development Standards Table that 326 Apartment Dwelling Units are permitted; and

Exhibit C, Section B “Development Standards” erroneously noted in the Development Standards Table that 10,667 square feet of commercial space is permitted;

The specific revisions are as follows:

Ordinance No. 6674, paragraph 3 shall state that the Bemiston Place Mixed Use Planned Unit Development permits 237 Rental Apartments and 10,300 square feet of retail/restaurant space;

Exhibit C, Section A (1) “Permitted Uses Identified in the PUD Plans as Residential” of Bill 6814, Ordinance No. 6674: The Planned Bemiston Place Mixed Use Planned Unit Development permits 237 Rental Apartment Dwelling Units; and

While reviewing the applicant’s request, staff further identified two locations in the ordinance where the number of apartment units was not consistent with the final Development Plan. The areas of the ordinance requiring correction are as follows: Ordinance No. 6674, paragraph 3 erroneously stated that the Bemiston Place Mixed Use Planned Unit Development permits 236 Rental Apartments and 10,667 square feet of retail/restaurant space; and

Exhibit C, Section A (1) “Permitted Uses Identified in the PUD Plans as Residential” of Ordinance 6674, erroneously stated that the Bemiston Place Mixed Use Planned Unit Development permits 246 Rental Apartment Dwelling Units; and

Exhibit C, Section B “Development Standards” erroneously noted in the Development Standards Table that 326 Apartment Dwelling Units are permitted; and

Exhibit C, Section B “Development Standards” erroneously noted in the Development Standards Table that 10,667 square feet of commercial space is permitted;

The specific revisions are as follows:

Ordinance No. 6674, paragraph 3 shall state that the Bemiston Place Mixed Use Planned Unit Development permits 237 Rental Apartments and 10,300 square feet of retail/restaurant space;

Exhibit C, Section A (1) “Permitted Uses Identified in the PUD Plans as Residential” of Bill 6814, Ordinance No. 6674: The Planned Bemiston Place Mixed Use Planned Unit Development permits 237 Rental Apartment Dwelling Units; and

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Exhibit C, Section B “Development Standards” the Development Standards Table should note that 237 Apartment Dwelling Units are permitted; and

Exhibit C, Section B “Development Standards” the Development Standards Table should note that 10,300 square feet of commercial space is permitted.

Alderman Lintz introduced Bill No. 6852, to Correct Clerical Errors in Ordinance No. 6674 (related to Bemiston Place Project) to Accurately Reflect the Intent and Action of the Board of Aldermen to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6852, first reading, an Ordinance of the City of Clayton, Missouri, Authorizing and Directing the Execution of Corrections to Ordinance No. 6674 to Accurately Reflect the Intent and Action of the Board of Aldermen with Respect Thereto by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6852 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6852, to Correct Clerical Errors in Ordinance No. 6674 (related to Bemiston Place Project) to Accurately Reflect the Intent and Action of the Board of Aldermen to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. Bill No. 6852, second reading, an Ordinance of the City of Clayton, Missouri, Authorizing and Directing the Execution of Corrections to Ordinance No. 6674 to Accurately Reflect the Intent and Action of the Board of Aldermen with Respect Thereto by title only.

The motion passed on a roll call vote: Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Patel – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6711 of the City of Clayton.

A MOTION TO CONSIDER APPROVING THE DISPOSAL OF RECORDS PER THE MISSOURI SECRETARY OF STATE GENERAL RECORDS RETENTION SCHEDULE

City Manager David Gipson reported as the Board is aware, it is the recommended guideline of the Secretary of State to formally approve the disposition of records at the Board of Aldermen level, and to include a list which describes the record series including quantity to be disposed, the manner of destruction and destruction date. The Fire Department is requesting to dispose of EMS training records from 2000-2015 (Per Bureau of EMS regulations, only the past 5 years need to be kept for records).

Recommendation is to approve a motion to dispose of the records as listed in conformance with the Missouri Secretary of State General Records Retention Schedule

Mayor Harris reported on the following: • Clayton Public Forum regarding the proposed tax increase was held July 21 in-person as well as virtually; well attended. • Attended meetings at Maryland Walk and the Park Towers. • Had a telephone discussion with a person regarding affordable housing and the difficulties of finding affordable housing – very enlightening and would like to discuss further in the future. There being no further business the meeting adjourned at 9:15 p.m.

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Mayor ATTEST: ____________________________ City Clerk