The motion passed unanimously on a voice vote. A PUBLIC HEARING AND A RESOLUTION FOR A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 6411 CLAYTON ROAD

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

11-14-17 BOA Minutes November 14, 2017 Page 3 of 8 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition City Manager Owens reported that this is a public hearing to consider an application for a Conditional Use Permit submitted Clayton DeMun, LLC, property owner, to allow the conversion of the existing building located at 6411 Clayton Road to four residential units.

Michael Wotka, was in attendance on behalf of Clayton DeMun, LLC.

Mayor Sanger closed the public hearing.

Motion was made by Alderman Boulton to approve Resolution No. 17-25, a Conditional Use Permit for 6411 Clayton Road. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

A PUBLIC HEARING AND AN ORDINANCE TO REVISE CHAPTERS 405 (ZONING REGULATIONS) AND 410 (OVERLAY & URBAN DESIGN ZONING DISTRICTS) REGARDING TOWNHOUSES

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

City Manager Owens reported that this is a public hearing and ordinance revising Title IV (Land Use), Chapter 405 (Zoning Regulations) and Chapter 410 (Overlay and Urban Design Zoning Districts) of the Code of Ordinances of the City of Clayton for proposed amendments related to townhouses.

Susan Istenes, Director of Planning, answered questions that related to the discussion had by the Board.

Mayor Sanger closed the public hearing.

Alderman Winings introduced Bill No. 6638, an amendment to Chapters 405, Zoning Regulations and Chapter 410, Overlay and Urban Design Zoning Districts regarding Townhouses to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6638, an Ordinance Amending Title IV “Land Use”, Chapter 405 (Zoning Regulations) and Chapter 410 (Overlay and Urban Design Zoning Districts) of the Code of Ordinances of the City of Clayton, Modifying the Definition of Townhouses and Permitting Them as an Allowable Use in the R-4 Through R-7, Multi Family Zoning Districts and Other Actions Related Thereto for the first time by title only.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER AMENDING SECTION 140.130 OF THE CLAYTON CITY CODE RELATING TO THE PUBLIC ART ADVISORY COMMITTEE

City Manager Owens reported that during an update of the City of Clayton’s Public Art Master Plan it was suggested that clarifying language be added to the ordinance that authorized the establishment of the Public Art Advisory Committee. Section 140.030 - B, C and D now reflect that the appointment of Committee members is the responsibility of the Mayor with ratification by the Board of Aldermen, and that the Committee selects its own chair annually. The proposed new text would provide that the Board of Aldermen make all appointments and designates a chairperson each year.

Alderman Boulton requested two changes, 1) to amend Section 140.030 – B to read, “...There shall also be two (2) alternate members appointed by the Board of Aldermen…” and 2) to

The proposed new text would provide that the Board of Aldermen make all appointments and designates a chairperson each year. Alderman Boulton requested two changes, 1) to amend Section 140.030 – B to read, “...There shall also be two (2) alternate members appointed by the Board of Aldermen…” and 2) to

11-14-17 BOA Minutes November 14, 2017 Page 4 of 8 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition amend Section 140.030 – C by removing, “…No member may be appointed to serve more than three (3) full terms consecutively...” The City Attorney has provided tonight a draft of the amended ordinance (Bill No. 6639.1.2).

Alderman Winings introduced Bill No. 6639.1.2, an ordinance to amend Section 140.130 of the Clayton City Code relating to the Public Art Advisory Committee as amended to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6639.1.2, an Ordinance Amending Section 140.130 of the Clayton City Code Relating to the Public Art Advisory Committee as amended for the first time by title only.

The motion passed unanimously on a voice vote.

Alderman Winings moved that the Board give unanimous consent to the consideration for adoption of Bill No. 6639.1.2 as amended on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6639.1.2, an ordinance to amend Section 140.130 of the Clayton City Code relating to the Public Art Advisory Committee as amended to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6639.1.2, an ordinance to amend Section 140.130 of the Clayton City Code relating to the Public Art Advisory Committee as amended for the second time by title only.

The motion passed on a roll call vote: Alderman Winings – 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. 6506 of the City of Clayton.

RESOLUTION - TO SUPPORT THE UPDATE TO THE PUBLIC ART PLAN FOR THE CITY OF CLAYTON

City Manager Owens reported that last year, staff was tasked with updating the City’s Public Art Plan. Originally completed in 2002, it was thought that, due to additions to the City’s collection of public art and changes made to the Clayton Art Commission and the establishment of the Clayton Century Foundation, it was time to update the plan. The Livable Community Action Team had also recommended updating the plan to reflect projects that have been completed and to prioritize remaining locations for additional placement of public art.

A motion was made by Alderman Winings to approve Resolution No. 17-26, updating the Public Art Plan for the City of Clayton. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER AMENDING SECTION 140.040 OF THE CLAYTON CITY CODE RELATING TO THE SUSTAINABILITY COMMITTEE

City Manager Owens reported that the amendment provides the opportunity for the Board to appoint member representative(s) from the City’s various Boards and Commissions on the Sustainability Committee as ex-officio (non-voting) members.

LOUIS COUNTY

City Manager Owens explained that a revised copy of the resolution to be considered has been distributed to the Board tonight for their review. A motion was made by Alderman Winings to approve Resolution No. 17-23, approving opposition to Legislation Authorizing a Statewide Vote Regarding or Mandating a Change

11-14-17 BOA Minutes November 14, 2017 Page 6 of 8 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition in the Government Structure of St. Louis City and St. Louis County and the Municipalities as revised. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

APPEAL FROM BOARD OF ALDERMEN ACTION

City Manager Owens reported that this is an appeal of the Board of Aldermen’s decision to approve Centene Center III, LLC’s conditional use permit for the operation of a daycare and corporate education facility.

Alderman Winings recused himself from the meeting at 8:02 p.m.

Alderman Boulton moved that the appellants regarding the Centene CUP at 7501 Maryland Avenue be allowed to present evidence in support of the claims made in their appeal. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

The following individuals spoke regarding the matter:

Jamie Rehmann, 7545 Westmoreland Avenue, stating that he is here on behalf of himself and 25 other residents that have joined in the appeal. He noted that he is an attorney and that the appeal was not filed lightly. Staff has recommended that the Board deny the appeal for lack of standing because they (the appellants) have not shown a decrease in property values which reveals a misunderstanding of the basis of the appeal. The reason they are here is because the Board’s grant of the CUP without the condition of green space is unauthorized in an arbitrary zoning action - the result of removal of green space from public use. He said that this adversely affects them in different ways, not just reduced property values. 1) they have a right to be free of arbitrary and irrational zoning decisions; 2) loss of use and enjoyment of green space and the aesthetic value of that green space is a protectable interest; 3) they will suffer a reduced property value and marketability of their properties all independently sufficient to confer standing.

Susan Block, 7533 Westmoreland, in opposition of the staff’s recommendation of the denial of standing. She said that it is the kind of decision that a judge rarely makes because it takes away the right to present evidence. She asks that the Board give respect (as related to the earlier presentations of the reports related to the Art Commission and the Opposition to the Statewide election that was presented earlier) to the Planning Commission’s recommendation of greenspace.

Bridget McAndrew, 7615 Westmoreland, read a statement on behalf of Scott Partridge. (attached)

Bridget McAndrew, 7615 Westmoreland, read a statement. (attached)

Jennifer Musich-Rehmann, 7545 Westmoreland, read a statement.

Bruce Butler, 7601 Maryland, read a statement. (attached)

Andrea Rosenblum, 7501 Westmoreland, read a statement. (attached)

David LaGesse, 613 S. Central Avenue, read a statement. (attached)

Bruce Butler, 7601 Maryland, read a statement. (attached)

Andrea Rosenblum, 7501 Westmoreland, read a statement. (attached)

David LaGesse, 613 S. Central Avenue, read a statement. (attached)

11-14-17 BOA Minutes November 14, 2017 Page 7 of 8 Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition

Jamie Rehmann, (continued), stating that there are three (3) ways that they were harmed which is enough to confer standing: (1) arbitrary and irrational application of the zoning laws; (2) loss and use of enjoyment of green space; (3) decrease in property values. He referenced the minutes of the September 12, 2017 Board of Aldermen meeting and the zoning ordinance regarding R-2 Districts and Conditional Use Permit in which the project does not provide a service to the residential district. He stated that the Board’s decision was unconstitutional.

In response to Alderman Boulton’s question, “How does a church spire, bell, or a chimney provide a use?” Mr. Rehmann stated it is an aesthetic use which doesn’t take away from the community.

Alderman Berkowitz asked for clarification in what Mr. Rehmann is wanting from the Board. Is it that in order for the Board to be correct in its approval of the CUP they (Board) would have had to provide a condition for public access, the green space, in order for the appellants to win the appeal?

Mr. Rehmann stated that there are two options: (1) deny the CUP because there are no provisions for service to the residential district; or (2) impose that the condition of green space be available for public use after hours.

Alderman Berkowitz commented that if the issue is a community service then there is nothing that says that a particular service, the public access to the green space, would have to had been granted. The community service could provide any type of service, i.e. class open to the public, Halloween party, etc.

Mr. Rehmann said that he agrees that the Board has discretion in determining what service is provided and he suggests it to be the same service that the property has provided over the years and that is open green space.

Jim Mello, Attorney, Armstrong Teasdale, resident at 6306 Alamo, spoke on behalf of Centene, in favor of the Staff’s recommendation to the Board.

Bob Clark, Clayco, spoke in favor of the Staff’s recommendation to the Board.

Steven Rosenblum, 7501 Westmoreland, spoke in opposition of the Staff’s recommendation.

The Board agreed that they would like to take some time to consider everything that was heard tonight and then come back to the next meeting.

Alderman Boulton moved that the Appeal regarding the Centene CUP at 7501 Maryland Avenue be taken under advisement so that the Board can give full consideration to the issues raised. Alderman Lintz seconded.

City Attorney O’Keefe suggested that Mr. Rehmann and Mr. Mello submit written materials to assist in the Board’s consideration of the appeal. He requested that submission would be within a week.

Mr. Rehmann agreed and added that he had submitted yesterday a legal authority statement in support of the groups’ (appellants) position yesterday (attached). He stated that if Centene would like to respond to the statement, they could file and have a chance to reply.

City Attorney O’Keefe clarified that the Board has heard the evidence and if Mr. Rehmann wants to submit something, then all should be submitted simultaneously one week from now.