06-14-2022 BOA Minutes June 14, 2022 Page 1 of 7

THE CITY OF CLAYTON

Board of Aldermen Virtual Zoom Meeting June 14, 2022 7:00 p.m.

Minutes

The meeting was open to individuals to attend in-person and/or virtually via Zoom.

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

In-person: Aldermen: Rich Lintz, Susan Buse, Becky Patel, Gary Feder, Mayor Harris, City Manager Gipson, City Attorney Karr

Virtually: Aldermen Ira Berkowitz and Bridget McAndrew

Motion made by Alderman McAndrew to approve the May 24, 2022, minutes. Alderman Berkowitz seconded.

Motion to approve the minutes passed unanimously on a voice vote.

PUBLIC REQUESTS AND PETITIONS

Scott McCrary, Senior at Clayton high School, addressed the Board with a recommendation that the City create a City flag and shared a suggested design.

RECOGNITIONS AND AWARDS

Mayor Harris presented a proclamation to Charlie Brennan.

A PUBLIC HEARING AND A RESOLUTION - A CONDITIONAL USE PERMIT FOR M1 BANK LOCATED AT 7801 FORSYTH BOULEVARD

Mayor Harris opened the public hearing and requested proof of publication.

City Manager Gipson reported that this is a public hearing and subsequent resolution for a conditional use permit for the proposed installation of an additional drive-through banking lane on the north side of the subject building occupied by M1 Bank. The applicant previously received approval for the proposed project in 2020 but did not begin construction within one year of approval and the approval expired. The applicant again proposes to add one additional 24-hour virtual teller drive-through lane, for a total of two drive-through lanes, located on the north (rear) side of the building.

Tyler Stephens, Core10, addressed the Board to answer questions.

Mayor Harris closed the public hearing

City Manager Gipson reported that this is a public hearing to consider an application for a Conditional Use Permit Transfer submitted by Matthew McGuire of Box Hill Group – Wydown, LLC, restaurant owner, to allow for the operation of a 1,100 square foot restaurant to be known as Wright’s Tavern. The previous restaurant has been closed for an extended period of time and therefore staff has decided to present the transfer request to the Board of Aldermen for final approval.

06-14-2022 BOA Minutes June 14, 2022 Page 3 of 7

Matthew McGuire, owner, addressed the Board to answer questions.

Mayor Harris closed the public hearing

Motion made by Alderman Lintz to approve Resolution No. 2022-13, granting a Conditional Use Permit transfer for Box Hill Group – Wydown, LLC, d/b/a Wright’s Tavern located at 7624 Wydown Boulevard. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

A PUBLIC HEARING AND A RESOLUTION - A CONDITIONAL USE PERMIT FOR 7923 FORSYTH BOULEVARD D/B/A GHOST KITCHEN

Mayor Harris opened the public hearing and requested proof of publication.

City Manager Gipson reported that this is a public hearing to consider an application for a Conditional Use Permit submitted by Jim Kellogg of Neo Atomic, LLC, restaurant owner, to allow for the operation of a 1,600 square foot restaurant. Ghost Kitchens operate as restaurants, but without on-site dining options. The proposed use will feature three different food categories prepared in a shared kitchen and served through carry-out and delivery services. The only on- site seating provided will be outdoor dining. The restaurant will be open seven days a week from 7:00 a.m. to 9:00 p.m. A liquor license is not being requested.

Jim Kellogg, owners, addressed the Board to answer questions.

Mayor Harris closed the public hearing

Motion made by Alderman Lintz to approve Resolution No. 2022-14, granting a Conditional Use Permit for Neo Atomic, LLC, d/b/a Ghost Kitchen located at 7923 Forsyth Boulevard. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

A PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A TRANSFER OF A CONDITIONAL USE PERMIT FOR BAR LES FRERES LOCATED AT 7637-7639 WYDOWN BOULEVARD

Mayor Harris opened the public hearing and requested proof of publication.

City Manager Gipson reported that this this is a request to consider an application for a Conditional Use Permit Transfer submitted by Tara Gallina of Bar Les Freres, LLC, restaurant owner, to allow for the continued operation of a restaurant known as Bar Les Freres under different ownership. The previous restaurant has been closed for an extended period of time and therefore staff has decided to present the transfer request to the Board of Aldermen for final approval.

Tara Gallina, owner, addressed the Board to answer questions.

Mayor Harris closed the public hearing

Tara Gallina, owner, addressed the Board to answer questions. Mayor Harris closed the public hearing

06-14-2022 BOA Minutes June 14, 2022 Page 4 of 7

Motion made by Alderman Lintz to approve Resolution No. 2022-15, granting a Conditional Use Permit transfer for Bar Les Freres, LLC located at 7637-7639 Wydown Boulevard. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

ORDINANCES TO CONSIDER APPROVING REZONING A PLANNED UNIT DEVELOPMENT AND A SUBDIVISION PLAT (LOT CONSOLIDATION) FOR 8220 – 8260 FORSYTH BOULEVARD

City Manager Gipson reported that this is the rezoning and related Planned Unit Development for a proposed mixed-use development as discussed at the May 24, 2022, Board of Aldermen meeting. The rezoning, Planned Unit Development, and Subdivision Plat are being addressed together in this report, though the plat and the land use elements entail separate ordinances on the Board’s agenda. The project received Architectural Review Board approval and Site Plan, Lot Consolidation, Rezoning and Development Plan approval by the Plan Commission on May 2,