05-11-2021 BOA Minutes May 11, 2021 Page 1 of 6

THE CITY OF CLAYTON

Board of Aldermen Virtual Zoom Meeting May 11, 2021 7:08 p.m. UMinutes

NOTE: In accord with the provisions of Section 610.015, RSMo., and multiple declarations of emergency at every level of government, and the prohibition on gatherings of 10 or more persons 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 were in attendance:

Aldermen: Rich Lintz, Ira Berkowitz, Bridget McAndrew, Susan Buse, and Becky Patel. Mayor Harris City Manager Gipson City Attorney O’Keefe

Motion made by Alderman Lintz to approve the April 27, 2021 (1st meeting and 2nd meeting) minutes. Alderman Berkowitz seconded. Motion to approve the minutes passed unanimously on a voice vote.

41TUPUBLIC REQUESTS AND PETITIONS

None

MOTION TO CONSIDER APPROVING A LIQUOR LICENSE UPGRADE FOR CLAYTON WINE HOUSE LOCATED AT 7911 CLAYTON ROAD

City Manager Gipson reported that Clayton Wine House, LLC is requesting to upgrade their current liquor license (all kinds of intoxicating liquor at retail by the package, except Sunday and special permit for wine, malt beverage and distilled spirit tastings) to sell all kinds of intoxicating liquor at retail by the drink, except Sunday, at 7911 Clayton Road.

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

41TUPUBLIC REQUESTS AND PETITIONS

None

MOTION TO CONSIDER APPROVING A LIQUOR LICENSE UPGRADE FOR CLAYTON WINE HOUSE LOCATED AT 7911 CLAYTON ROAD

City Manager Gipson reported that Clayton Wine House, LLC is requesting to upgrade their current liquor license (all kinds of intoxicating liquor at retail by the package, except Sunday and special permit for wine, malt beverage and distilled spirit tastings) to sell all kinds of intoxicating liquor at retail by the drink, except Sunday, at 7911 Clayton Road. This new license would allow the Clayton Wine House, LLC to sell glasses of wine or beer for consumption while customers shop at the store. Karen Missey, Operating Manager, Clayton Wine House, attended the meeting (virtually) to answer questions from the Board. Ms. Missey stated that they are anticipating opening in June and that the request for an upgrade to the liquor license is to provide customers the opportunity to open their bottles (purchase) in the store; they will set-up tables and also offer tasting and educational opportunities.

She recommends that the Board keep the two issues, environmental (air pollution) and the noise from motorized equipment as separate considerations. She also inquired as to how the City would enforce the ordinance. City Manager Gipson noted that most likely the violations will be complaint driven, therefore the enforcement will be controlled by the Police Department. Alderman Lintz agreed with Alderman Buse recommending that the Board deal with the noise issue now, discuss the environmental issue in the future, and keep both separated. Alderman McAndrew added that she would also like to keep both issues separate. Alderman Linz introduced Bill No. 6836.1, to approve an amendment to Section 215.765 modifying the allowable hours of usage for motor-driven outdoor maintenance equipment to be read for the first time by title only. Alderman Berkowitz seconded. City Attorney reads Bill No. 6836.1, first reading, an Ordinance to Amend Section 215.765 to Modify the Allowable Hours of Usage for Motor-Driven Outdoor Maintenance Equipment for the first time by title only. The motion passed unanimously on a voice vote. Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6836.1 on the day of its introduction. Alderman Berkowitz seconded. The motion passed unanimously on a voice vote.

05-11-2021 BOA Minutes May 11, 2021 Page 3 of 6

Alderman Lintz introduced Bill No. 6836.1 to approve an amendment to Section 215.765 modifying the allowable hours of usage for motor-driven outdoor maintenance equipment to be read for the second time by title only. Alderman Berkowitz seconded. Alderman Berkowitz expressed concern about the title of the ordinance being confusing and that citizens may not entirely understand its meaning by interpreting it to mean that they cannot use any motorized lawn equipment. City Manager Gipson stated that staff will provide a notice in the City’s communications, CityViews, Clayton Connections, City’s webpage, etc., on the approved amendment that will include an explanation of the change(s). City Attorney O’Keefe noted that the title states that the ordinance is “modifying the allowable hours…”

City Attorney reads Bill No. 6836.1, second reading, an Ordinance to Amend Section 215.765 to Modify the Allowable Hours of Usage for Motor-Driven Outdoor Maintenance Equipment for the second time by title only. The motion passed on a roll call vote: Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6696 of the City of Clayton. Alderman McAndrew gave recognition to Alderman Sokol as the reason and result of the proposed change.