November 10, 2020 — Meeting Minutes
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THE CITY OF CLAYTON
Board of Aldermen Virtual Zoom Meeting November 10, 2020 7:00 p.m.
Minutes
NOTE: In accord with the provisions of Section 610.015, RSMo., and multiple declarations of emergency at every level of government, and the prohibition of large gatherings due to the Coronavirus pandemic, normal requirements for voting in the Board meeting were suspended. Accordingly, votes were taken as if all Board members were physically present and in attendance at the meeting.
Mayor Harris called the meeting to order and requested a roll call.
The following individuals attended the meeting by videoconferencing at all times unless otherwise noted.
Aldermen: Joanne Boulton, Rich Lintz, Ira Berkowitz, Bridget McAndrew, Susan Buse (joined at 7:07p.m.), Dan Sokol, and Mayor Michelle Harris
City Manager David Gipson City Attorney Kevin O’Keefe City Clerk June Frazier
Motion made by Alderman Lintz to approve the October 27, 2020 minutes. Alderman Berkowitz seconded.
Motion to approve the minutes passed unanimously on a voice vote.
PUBLIC REQUESTS AND PETITIONS
None
PUBLIC HEARING AND A RESOLUTION FOR A CONDITIONAL USE PERMIT FOR POH LEE OF BL HOSPITALITY LLD, D/B/A AKAR LOCATED AT 7641 WYDOWN BOULEVARD
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 Poh Lee of BL Hospitality LLD, d/b/a AKAR, restaurant owner, to allow for the operation of a 400 square foot indoor restaurant with an outdoor space measuring approximately 525 square feet.
AKAR restaurant will be open seven (7) days a week from 4:00 p.m. until 9:00 p.m. The restaurant concept is a full-service sit-down restaurant open for dinner. The restaurant will have a maximum of 40 seats (16 indoor and 24 outdoor). Because the applicant plans on having additional seats for outdoor dining and the restaurant is no longer primarily for carry out purposes, the Conditional Use Permit needs to be updated to reflect the current business operation (the applicant’s existing permit
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was transferred administratively as a carry out restaurant with 12 seats). The applicant already has a full liquor license. Delivery service from the restaurant is not proposed.
The restaurant is located outside of Downtown Clayton; therefore, parking is required for employees. The applicant has secured four parking spaces in the nearby lot at the Westway Dry Cleaner located at 500 S. Hanley Road. Proof of the parking agreement has been submitted to the City and was found to be satisfactory.
Deliveries to the restaurant will be made using the rear door, delivery vehicles shall use the parking area behind the building, located off the alley to the rear.
The Plan Commission considered this request at its October 19th meeting and voted unanimously to recommend approval as requested.
In response to Mayor Harris’ question, Susan Istenes, Director of Planning, stated that the applicant has added a restroom.
In response to Alderman Berkowitz’ question, Susan Istenes stated that the surrounding property owners (not the tenants) were notified of the applicant’s request.
Susan Istenes added that the tent issue remains on hold; once they hear back that the applicant wishes to move forward then the neighboring property owners (and tenants) will be personally notified.
City Attorney O’Keefe added with regard to notification, that the City utilizes a database, (Recorder of Deeds, Department of Revenue) of required information (property owners) for staff to send said notifications. Unfortunately, we do not have the source and data to identify the tenant which makes achieving equitable universal notice extremely difficult.
Mayor Harris suggested that Gary Carter, Director of Economic Development, reach out to the businesses regarding the tent issue.
Alderman Lintz asked if there has been any issues or concerns raised regarding the applicant’s temporary tent that is currently in use.
Alderman Berkowitz stated that he is not aware of any issues or concerns and that he has no objections to the tent.
Mayor Harris closed the public hearing.
Motion made by Alderman Boulton to approve Resolution No. 2020-16, a Conditional Use Permit for BL Hospitality LLC, d/b/a AKAR. Alderman Lintz seconded.
The motion passed unanimously on a voice vote.
DISCUSSION RELATIVE TO MURALS
City Manager Gipson reported that the purpose of the report is to summarize discussions had with the Public Art Advisory Committee (PAAC) and the Architectural Review Board (ARB) and determine a path forward as to whether or not the Board wants to consider allowing Murals as a form of art in the City, and if so, to what degree should they be regulated?
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On August 25, 2020 staff convened a meeting of the PAAC and had a general discussion about murals in the City of Clayton. PAAC’s specific charge is to “serve in an advisory capacity to the Mayor and Board of Aldermen and the Plan Commission/Architectural Review Board.” They are to review, consider and render advice and recommendations on City and private developments, planned unit developments, special development district developments or by other matters involving public art as may be referred to the Committee by the Mayor, BOA or, as to private developments, the Plan Commission/ARB.
Murals are a type of art that is not referenced in the City’s adopted Public Art Master Plan. The staff discussion with PAAC centered around the question: Is there value to the City in allowing murals as a type of art, as it is not referenced in the Public Art Master Plan or any City ordinances?
This discussion was prompted by a proposal that the Clayton Century Foundation (CCF) is considering conducting fund raising efforts to have a mural installed on the wall of a building that faces DeMun Park.
The PAAC discussed the matter for approximately 30 minutes. The PAAC was not supportive of allowing murals citywide. Most of their discussion was centered on the DeMun mural proposal and they offered the following collective comment:
Subject to approval and because of its unique location, a mural on the DeMun Park building might be acceptable. The PAAC does not think murals in the Central Business District of Clayton are appropriate.
Other concerns raised related to ownership of the art/mural and upkeep. In general, at least one member did not feel that murals were appropriate anywhere in the City as he believes there is already an established “character” of the City and murals would change that character. Another member did not want to discourage public art, but also felt that Citywide, perhaps they were not appropriate.
The Architectural Review Board met on September 8, 2020 to consider the same question along with the comments and recommendations of the PAAC: Is there value to the City in allowing murals as a type of art as it is not referenced in the Public Art Master Plan or any City ordinances?
ARB comments are summarized below:
1. Murals would be acceptable in the right location, provided they were comprised of good content and were of a reasonable scale (no overpowering murals).
2. If the City were to allow Murals, they should be tightly controlled based on standards pertaining to the appropriate location, size, materials and potential content.
3. Murals should be allowable but considered on a case by case, with the PAAC to advise on the design.
4. “Murals have matured as a form of art in urban areas and bring life to a City. They give identity to a neighborhood.” No objection.
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5. No objection. Open to the opportunity to consider them and in the right place, supportive of murals in a broader sense, for the City.
A sample ordinance, adopted by the City of Wentzville, MO was provided. Should the Board of Aldermen wish to pursue Murals as an allowable art form, both Boards desired to have strict controls on the size, location, appearance and maintenance and upkeep.
Alderman Lintz provided a brief background on how the issue of murals began; a resident who owns a store (in St. Louis City) has a mural on the side of his building and he suggested a mural on the wall next to DeMun Park.
The Board raised questions and concerns regarding the definition of a mural; public art versus murals; maintenance; downtown (CBD) buildings (i.e. Centene, LeMeridian, etc.), current requirements per the City’s ordinance(s).
City Attorney O’Keefe stressed caution to the Board in terms of fundamental (art or political) 1st Amendment activity. He referenced that St. Louis City was in litigation for over 10 years regarding a “mural” or an “artistic endeavor.”
Suggestion was to have staff research other cities that have murals and how they are handled. The Board would review further input at a future discussion session.
No action was taken by the Board.
DISCUSSION RELATIVE TO THE CLAYTON COMMUNITY EQUITY COMMISSION (CEC) RECOMMENDATION TO REVISE THE CITY OF CLAYTON’S MISSION STATEMENT
City Manager Gipson reported that this is a follow-up to the Clayton Community Equity Commission (CCEC) recommendation to modify the City’s Mission Statement to include the words diversity, equity, and inclusion. Recommendation – “The mission of Clayton city government is to foster a vital, balanced, diverse and inclusive community composed of outstanding neighborhoods, quality businesses, commercial and government centers, premier educational institutions and a healthy natural environment through an open, equitable, accessible and fiscally responsible government.”
He noted that CCEC members, Ben Uchitelle and Yvonne Tisdale were in (virtual) attendance.
Ben Uchitelle addressed the Board stating that the words inclusive, diverse, and equitable are words that have important meaning and reflect what clayton and all its citizens are striving to achieve now and into the future. The question is how we should go about amending the Mission Statement to include input from our citizens as to their reflections. The CCEC SubCommittee has suggested a survey to be provided to the citizens. He urged the Mayor and Board of Aldermen to move promptly on this issue to include this to use throughout future publications and statements – “words have meaning, words have importance.”
Yvonne Tisdale addressed the Board explaining that what they came up with and to try to be consistent with a similar survey, landscape team, is a very short survey. A a two-question survey and ask about the mission, and while they have the attention of the citizens they would also ask if there was any input that they would want to ask of the CCEC. In all, a two-for-one, very short, and respectful of their time is what the group had in mind.
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Mayor Harris explained that the Commemorative Landscape Task Force has a very short survey on the City’s webpage that Ms. Tisdale referenced.
Alderman Buse pointed out that the Landscape Task Force survey also includes, and is very important, a tag line on the bottom of the survey of an overview of what the task force is doing. The CCEC a survey should include this as well, an overview of what the Commission is about. These types of surveys communicate what we are doing and also gives the community an opportunity to have input.
The Board was in consensus to move forward with the recommendation.
Other
Alderman Boulton reported on the following: • Uniformed Pension Board met this week.
Alderman McAndrew reported on the following: • CRSWC met last week – Finance reported on the decreasing memberships.
Alderman Buse reported on the following: • CCEC Subcommittee meeting regarding the recommendation to modify the City’s Mission Statement.
Alderman Sokol reported on the following: • Uniformed Pension Board – this fund is doing very well. • Uniformed Pension Board – discussion included a benefit issue that came about during normal administration of the plan regarding the death of an employee and the surviving spouse benefits who is also an employee.
Alderman Lintz reported on the following: • Plan Commission/ARB – conceptual review of Koman project.
Alderman Berkowitz reported on the following: • Parks & Recreation – reviewed renderings of proposed playground equipment.
Mayor Harris reported on the following: • Commemorative Landscape Task Force. • Making rounds with corporate leaders.
There being no further regular business the meeting adjourned at 8:21 p.m.
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Mayor ATTEST: ____________________________ City Clerk