March 28, 2017 — Meeting Minutes

03-28-17 BOA Minutes March 28, 2016 Page 1 of 5 THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue March 28, 2017 7:00 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, Rich Lintz, and Ira Berkowitz.

Mayor Sanger City Manager Owens City Attorney O’Keefe

Alderman Boulton moved to approve the March 14, 2017. Alderman Winings seconded.

The motion to approve the minutes passed unanimously on a voice vote.

PUBLIC REQUESTS AND PETITIONS

None

Mayor Sanger announced that at the request of the applicant the Planned Unit Development and Rezoning Public Hearing has been postponed.

A PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR 8321 MARYLAND AVENUE, REGIONS BANK

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 R. Mark Naylor, agent on behalf of Regions Bank, owner, for the installation/operation of a remote drive-through facility on the subject site.

Financial institutions and retail establishments are permitted uses in this zoning district; however, drive-through facilities are conditionally permitted uses and are subject to the design guidelines.

In 2013, a similar project was proposed by 5/3 Bank and was approved; 5/3 Bank never secured permits and sold the property to Regions Bank.

This proposed drive-through facility is part of a larger development that includes a freestanding bank at the southwest quadrant of the site and a freestanding retail building at the southeast quadrant of the site. The drive-through facility is located along the northern portion of the property and will be screened from the residential properties to the north by an 8-foot in height screen wall to be located south of the 5-foot wide utility easement and a 12-foot wide landscaped area that run along the northern property line. The distance between the drive- through facility and the nearest residential structure is 40 feet.

03-28-17 BOA Minutes March 28, 2016 Page 2 of 5 The parking area will be accessible from Crandon and Lancaster Drives. Vehicles will enter the drive-through via a one-way driveway entrance located in the northeast corner of the parking lot and exit the drive-through at the northwest corner. There are two 9-foot wide drive-through lanes and a 12-foot wide bypass lane running parallel to Maryland Avenue. The drive-through is separated from the site’s parking and drive aisles by a raised curb and landscaped area.

Proposed hours of operation for the drive-through are the same as normal banking hours; Monday through Thursday, 9:00 a.m. to 4:30 p.m., Friday from 9:00 a.m. to 5:00 p.m. and Saturday, 9:00 a.m. to 12:00 p.m. An ATM will also be located in the drive-through, and will be accessible at all times.

A traffic study was conducted in 2013 for the original 5/3 Bank proposal. A new study was not required for potential traffic impacts of this project due to the similarity between the two proposals. The traffic study analyzed potential traffic impacts of the proposed development of the site (including the bank, drive-though, and retail building). According to the study, existing traffic operations do not appear to be problematic at the intersections in the study area. 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. 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.

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 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. Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6475 of the City of Clayton.

A MOTION TO APPOINT A MEMBER TO THE PUBLIC ART ADVISORY COMMITTEE (PAAC)

City Manager Owens reported that due to the recent resignation of Ward 1 representative Barbara Eagleton, Ward 1 has nominated Carmon Colangelo as representative to complete Ms. Eagleton’s term ending June 30, 2017. Alderman Winings commented that after reviewing Mr. Colangelo’s application and resume he is satisfied with the nomination. Alderman Boulton added that Mr. Colangelo has a lot of experience with public art as well as several selected art pieces throughout the Washington University campus. Alderman Garnholz moved to approve the appointment of Carmon Colangelo to the PAAC. Alderman Winings seconded. The motion passed unanimously on a voice vote. Other

Alderman Boulton reported on the following:  Plan Commission/ARB – recently approved the GBT Development project with a 4-2 vote.

Alderman Berkowitz reported on the following:  CCF Major Gifts met and discussed plans for a natural playground at The Family Center; cost is $300,000; they are anticipating donations from developers; Joe Downs of Opus Group has joined the group reporting that Opus has monies available for the project(s).  Attended Peter Sortino’s funeral services.

03-28-17 BOA Minutes March 28, 2016 Page 5 of 5

Mayor Sanger reported on the following:  Attended the MML meeting on March 23; Pat Kelly provided the group with a legislative report: o The TIF issue is progressing - Constitutional amendment to require countywide public vote before authorizing TIF project. o HB608 - Short Term Rental of Residential Property has moved to the House for debate; and attempts to resolve MML concerns about local zoning compliance. The substitute bill does clarify that local zoning regulations must be followed, the bill continues to prohibit a municipality from banning short-term residential rentals or from passing restrictions that have the practical effect of banning short-term rentals. o HB935 - St. Louis Zoo sales tax to be voted on in St. Louis City and St. Charles, Jefferson, Franklin and St. Louis Counties. o East West Gateway will be accepting grant applications to provide planning assistance through the Great Streets Initiative (biking efforts). o St. Louis Regional Freightway, part of the BiState Development group, is a public-private partnership to optimize the region’s freight transportation network. The goal is to produce results that strengthen the St. Louis region by increasing job growth and improving the local economy. The cooperative effort will determine how the region manages the movement of freight on the roads, rails, rivers, airports, and pipelines. Public and private partnerships will be developed in order to create the foundation for planning, marketing, and advocacy of the bi- state region as a national freight hub. o Next meeting is scheduled on April 27 in Creve Coeur.

Alderman Berkowitz moved that the Board adjourn to a closed meeting, with a closed vote and record, as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, and to discuss matters related to negotiation of a contract pursuant to Section 610.021(12), RSMo. and/or proprietary information pursuant to Sec. 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO. Alderman Lintz seconded the motion.

Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye.

There being no further regular business the meeting was adjourned at 7:35 p.m.

____________________________

Mayor

ATTEST:

____________________________ City Clerk