April 25, 2017 — Meeting Minutes
04-25-17 BOA Minutes April 25, 2016 Page 1 of 7 THE CITY OF CLAYTON
Board of Aldermen City Hall – 10 N. Bemiston Avenue April 25, 2017 (1st Meeting) 7:06 p.m.
Minutes
Mayor Sanger called the meeting to order and requested a roll call. The following individuals were in attendance:
Aldermen: Cynthia Garnholz, Mark Winings, Joanne Boulton, Alex Berger, and Rich Lintz.
Mayor Sanger City Manager Owens City Attorney O’Keefe
Absent: Ira Berkowitz
Alderman Boulton moved to approve the April 18, 2017. Alderman Winings seconded.
The motion to approve the minutes passed unanimously on a voice vote.
PUBLIC REQUESTS AND PETITIONS
None
PROCLAMATIONS
Mayor Sanger presented two proclamations in recognition of Local Government Week, April 30 –May 6th; and Municipal Clerks’ Week, May 7-13th.
A PUBLIC HEARING TO CONSIDER A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR CLEMENTINE’S NAUGHTY & NICE CREAMERY LOCATED AT 730 DEMUN AVENUE
Mayor Sanger opened the public hearing and requested proof of publication.
City Manager Owens reported that this is a public hearing to consider an application for a Conditional Use Permit submitted by Tamara Keefe, business owner, for the operation of a 1,200 square foot restaurant (ice cream parlor).
The tenant space measures 1,200-square-feet and was formerly occupied by a hair salon. Seating for four customers will be provided indoors. The applicant also plans to apply for an outdoor dining permit to allow 10 seats outdoors in front of the building.
The applicant describes Clementine’s Naughty & Nice Creamery as a standard ice cream parlor which will operate similarly to their current location in the City of St. Louis. Because their adult flavored ice creams (boozy ice creams) contain less than one-half of one percent alcohol by volume and because ice cream is not a beverage, these products do not meet the City’s definition of “intoxicating liquor” and therefore, a liquor license is not required. The State of Missouri and the County of St. Louis also do not require a liquor license for this business as they define the establishment’s products as food.
04-25-17 BOA Minutes April 25, 2016 Page 2 of 7 The parlor plans to be open Sunday through Thursday, 11:00 a.m. to 10:00 p.m., and Friday through Saturday, 11:00 a.m. to 11:00 p.m. Delivery service from the ice cream parlor is not proposed.
Deliveries to the restaurant will be made once a week during winter months and twice a week during summer months. Deliveries will be made in the morning between 9:30 a.m. and 11:00 a.m. to the rear of the building. Trash will be stored in existing dumpsters located in the alley rear of the building. The applicant intends to participate in a recycling program.
Off-street parking is not being provided. Because this establishment is less than 3,000 square feet and located outside of the downtown area, only employee off-street parking is required. The applicant has stated that no more than two employees would be working at any given time and is requesting a parking waiver; noting that public parking is provided on the street. The Plan Commission, at its March 27, 2017 meeting, considered the request for the Conditional Use Permit and the parking waiver and voted unanimously to recommend approval to the Board of Aldermen. Recommendation is to approve a Conditional Use Permit for the operation of Clementine’s Naughty & Nice Creamery at 730 DeMun Avenue.
In response to Alderman Garnholz’ question, Tamara Keefe, owner addressed the Board stating that they anticipate opening on Memorial Day Weekend. Alderman Garnholz commented that she has been to the city location and is excited to have them here in Clayton.
Alderman Lintz referenced that since they will be located in Ward “Fun” it is a requirement to hold a Ward meeting at the location.
Alderman Boulton commented that she is looking forward to welcoming the establishment to the neighborhood.
Mayor Sanger closed the public hearing.
Alderman Garnholz moved to approve Resolution No. 17-06, granting a Conditional Use Permit to Clementine’s Creamery located at 730 DeMun Avenue. Alderman Winings seconded.
The motion passed unanimously on a voice vote.
Ms. Keefe thanked the Board and provided several samples of the ice cream.
A PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR TRU FUSION (HEALTH CLUB/FITNESS STUDIO) LOCATED AT 7447 FORSYTH BOULEVARD
Mayor Sanger opened the public hearing and requested proof of publication.
City Manager Owens reported that this is a public hearing to consider an application for a Conditional Use Permit submitted by Joe Goldberg, business owner, for the operation of a 17,015 square foot health club/fitness center to be known as Tru Fusion at the subject location (previously occupied by Selkirk’s). The property has a zoning designation of C-2 General Commercial. Fitness studios/health clubs are conditionally permitted uses in the C-2 zoning district.
The subject multi-tenant building (old Famous Barr building) owned by Washington University, measures 272,118-square-feet. Current tenants include the Wine and Cheese Place, the St. Louis Artists’ Guild and Washington University offices.
04-25-17 BOA Minutes April 25, 2016 Page 3 of 7 Tru Fusion is a group fitness and wellness center with an accessory use of a health bar/restaurant. Proposed hours of operation are 5:00 a.m. to 9:00 p.m. Monday through Friday, and 7:00 a.m. to 6:00 p.m. on Saturday and Sunday. The business will consist of five fitness and yoga classrooms (hot yoga, Ashtanga yoga, Barre/Pilates, boot-camp/boxing and spinning), a private training room, locker rooms, a child care room, massage rooms and a small retail section. Additionally, a counter service health bar/restaurant (approximately 950 square feet) with seating for 35-40 patrons will provide food to facility members.
Shared parking for the building is provided by a surface parking lot and a parking garage. 68 parking spaces for use by this business are outlined in the applicant’s lease agreement.
Exterior renovations are not being considered at this time. Outdoor seating/dining will be reviewed for compliance by staff if and when an application for an Outdoor Dining Permit is submitted. The Plan Commission, at its April 3, 2017 meeting, considered the request for the Conditional Use Permit and voted unanimously to recommend approval to the Board of Aldermen. Recommendation is to approve a Conditional Use Permit for the operation of Tru Fusion at 7447 Forsyth Boulevard.
In response to Alderman Garnholz’ question, Mr. Brian Schnuck, NEI Desco, representing the owner, stated that the space is currently vacant and had been previously occupied by Selkirk’s. The business is expected to open in August.
Mayor Sanger closed the public hearing.
Alderman Garnholz moved to approve Resolution No. 17-07, granting a Conditional Use Permit to TruFusion located at 7447 Forsyth Boulevard. Alderman Winings seconded.
The motion passed unanimously on a voice vote.
In response to Mayor Sanger’s question, Mr. Schnuck stated that this is not the same owner as the fitness center at the Vanguard Development.
A MOTION TO ACCEPT THE CITY’S FISCAL YEAR 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT
Ted Williamson, a partner at the City’s audit firm of RubinBrown LLC, and Brandy Lawyer, presented summary audit report to the Board on the September 30, 2016 Comprehensive Annual Financial Report (CAFR). The documents were previously provided to the Board and are also available for public viewing on the City’s website under the Finance Department page.
Mr. Williamson pointed out that there was one recommendation with regard to the pension plan(s) payroll calculations. He noted that currently the City makes calculations based upon the Pension Plan’s fiscal year; recommendation is to make those calculations based upon the City’s fiscal year.
Recommendation is to approve a motion to accept the City’s September 30, 2016 Comprehensive Annual Financial Report.
Alderman Garnholz moved to accept the City’s FY2016 Comprehensive Annual Financial Report. Alderman Winings seconded.
The motion passed unanimously on a voice vote.
04-25-17 BOA Minutes April 25, 2016 Page 4 of 7 A MOTION TO ACCEPT THE CERTIFICATION OF THE APRIL 4, 2017, MUNICIPAL ELECTION
City Manager Owens reported that on April 4, 2017, a municipal election was held for the offices of Aldermen in Wards 1, 2, and 3. The results of the municipal election as certified by the Board of Election Commissioners of St. Louis County are as follows:
Ward I Richard Lintz
248 votes (96.12%)
Invalid write-in
10 votes ( 3.88%)
Ward II Michelle Harris
438 votes (95.63%)
Invalid write-in
20 votes ( 4.37%)
Ward III Mark Winings
615 votes (71.51%)
Justin Perryman
243 votes (28.26%)
Invalid write-in
2 votes ( .10%)
Recommendation is to adopt a motion to accept the canvassed and certified results of the April 4, 2017 municipal election.
Mayor Sanger presented Alderman Garnholz with a proclamation.
Alderman Garnholz moved to accept the certification of the April 4, 2017 Municipal Election results. Alderman Winings seconded.
The motion passed unanimously on a voice vote.
Other
Alderman Winings gave the following statement: “Congratulations on 10 years of continuous service on the Board of Aldermen! Given our Charter’s limit of three consecutive three-year terms and the unusual way you (Alderman Garnholz) started, that’s a record that may be a City record, or a record that is never broken. I’ve had the honor of serving with you for the last six of those 10 years, literally side-by-side for most of those years because of the way we do our seating. For a while we were the only two lawyers on the Board and I also appreciated that, I feel like we had a certain lawyer ‘esp’ connection, and then Ira came - a third wheel situation. But anyway I think you’ve been a model alderman and in addition to your hard work, the homework that you always do, I think a lot of it goes to your personal characteristics and that is a great balance of creativity, and logic, and a passion, and idealism with practicality. You really need that balance because someone who’s just creative and idealistic is not likely to be that effective and someone who is just logical and practical all of the time is not someone anyone is going to really want to follow. It goes to what the Mayor said at an earlier event, ‘left brain, right brain’….I think you’ve got both brains (a full brain) left and right equally represented and you always brought that brain to every meeting. Great credibility, and judgement that is second to none, earned over a lifetime of experience and also the ten years that you’ve been on the Board. We will miss you and I know that we’ve all learned from you during your service and I think that we’ll hopefully carry on your tradition of excellence. On behalf of myself, and if I may, the citizens of Clayton - THANK YOU for your service and all that you’ve contributed to our city.”
Alderman Boulton made the following statement: “Cynthia, thank you for everything, you’ve been a wonderful aldermen. I agree with everything that Alderman Winings said. You have two characteristics that I’ve found particularly profound, the ability to ask the question; the question that could create a whole paradigm shift. You did that on a number of occasions where we would be going along and then you would ask the
04-25-17 BOA Minutes April 25, 2016 Page 5 of 7 question and it would be like, ‘oh, maybe we really should be going that way.’ You did it to me a couple of times personally which I really appreciated and it made me really think through the whole issue and shifted my opinion. Not too many people have that ability to just ask that ‘question’, I really value that and respect that and I’m going to miss it quite a bit. The other is your compassion; it came out in so many wonderful ways. The Little Libraries was one of them, you always saw the human side of the ‘whatever issue we had to deal with’ or ‘whatever equation we had to solve.’ You always saw that human side and wanted to make sure that we paid attention to it and I appreciate that because sometimes I get stuck in the numbers and need someone to pull me back to, ‘hey these are people.’ I’m going to miss you and I’ve really enjoyed the last five years, but I’m sure you will have something better to do on the second and fourth Tuesdays. THANK YOU so much, it has really been an honor working with you.”
Alderman Berger made the following statement: “First of all because you are a graduate of Clayton High School there is no question about who you are and how fabulous you are, but of course, you and I have prejudice about that. I think that it is very, very obvious that I have always appreciated and respected your insights and opinions. The traits you have modeled to create value for this Board and for our City include always being genuine, supportive, candid, and collaborative. I think that your traits and your energy and your commitment have produced tremendous value. I’ve enjoyed serving with you on this Board simply because of who you are as a person and, as I’m sure our community would all agree, to say thank you, but as an individual resident of our community I want to so THANK YOU!!!
Alderman Lintz made the following statement: “Way back a long time ago when I first started, first married, first starting a career I made the acquaintance of a gentleman who was a retired CEO and he was one of those people that you admired for his poise, insight, always even-keeled manner, and who always had a nice thing to say. I thought to myself that that is the kind of person that I need to emulate as I go through my career. So in every organization, every corporation, every community, you always look for that ‘statesman,’ that person who you look up to - I can say that you are that ‘statesman’ now in this group. You’ve been, as Alex said, ‘a model, someone we want to emulate’ you always say the right things, ask the right questions, and I regret having only spent one term serving with you. It’s been three quick years in that regard and it probably took me a year of two to understand that quiet wisdom that you had, and I wish we had it for a longer time. THANK YOU very much for all that you’ve contributed for me, personally.”
Mayor Sanger made the following statement: “It’s hard to actually add because I agree with every single thing that was said. The other night I think the word the “rock” came up and you have certainly been the “rock” for this group. You have made life easier for me because of the things that you do and the way that you have had your leadership attached to this group as well. I’m going to miss you a lot and I have appreciated and learned from how you do business, and the questions you ask, and how you bring subjects to the forefront. We wish you the very, very best and we know that you are not going to go too far because we will have things for you to do. Just personally it’s been great! I couldn’t have had a better person sitting in that chair for the past four years for me.”
Alderman Garnholz made the following statement: “Craig, Mayor, my co-Aldermen, thank you so much! I’ve learned so much from each of you and you’ve provided such support. Craig, I hope you’re going to be around for a long time, I’m not going to give you indigestion anytime in the near future, I don’t think, but we’ll see. I know how much each of you puts into this position that you all hold – June, thank you – and how hard you work, how seriously you take this job, and on my own behalf and that of all Clayton citizens I THANK YOU. Of course, the residents of Ward 2 are not here, but I want to say that I have been both humbled and honored to have served Ward 2 and the City of Clayton over these last many years, and hopefully I have met their expectations and in some instances hopefully exceeded expectations. Lastly, I just feel so fortunate to live here in the “Emerald City” and I
04-25-17 BOA Minutes April 25, 2016 Page 6 of 7 leave with great confidence in the past, present, and future of our City and in you, its leaders. Again, from my heart THANK YOU!”
There being no further business the meeting was adjourned Sine Die at 7:58 p.m.
____________________________
Mayor
ATTEST:
____________________________ City Clerk
04-25-17 BOA Minutes April 25, 2016 Page 7 of 7 THE CITY OF CLAYTON
Board of Aldermen City Hall – 10 N. Bemiston Avenue April 25, 2017 (2nd Meeting) 8:01 p.m.
Minutes
Mayor Sanger called the meeting to order and requested a roll call. The following individuals were in attendance:
Aldermen: Mark Winings, Joanne Boulton, Alex Berger, Rich Lintz, and Michelle Harris.
Mayor Sanger City Manager Owens City Attorney O’Keefe
Absent: Ira Berkowitz
PUBLIC REQUESTS AND PETITIONS
None
A MOTION TO ELECT MAYOR PRO TEMPORE
City Manager Owens reported that per the City of Clayton Charter, Article II, Section 2, the Board of Aldermen shall elect from among the aldermen a mayor pro-tempore, who shall act as mayor in the absence of the mayor.
Alderman Boulton moved to elect Alderman Winings as the Mayor Pro Tempore. Alderman Berger seconded.
The motion passed unanimously on a voice vote.
Other
Alderman Boulton reported that the Public Art Advisory Committee met and discussed the proposed art, artistic bike racks, for the 212 S. Meramec Avenue development.
Alderman Berger congratulated and welcomed back Alderman Harris and her win in the election.
Alderman Harris reported that the C the Future -Strategic Relationship Action Team met this week.
There being no further business the meeting adjourned at 8:07p.m.
____________________________
Mayor
ATTEST:
____________________________ City Clerk