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minutes 2023-07-11 City meeting records #q116e25d4 Open original ↗

July 11, 2023 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held July 11, 2023. It records attendance, recognitions, a public hearing and unanimous approval of a conditional use permit for a 3,611 sq. ft. marijuana dispensary (Sunrise) at 118 S. Hanley Road, introduction and adoption of an ordinance approving a police services agreement with the School District of Clayton for School Resource Officers (Ordinance No. 6844), and establishment of a Waste Collection Financial Assistance Program including a stated single-family waste collection cost of $53/month, eligibility limited to households at or below 80% of St. Louis County median household income, $3,000 noted in the budget for the program, and approval of Resolution No. 2023-24 as amended. The minutes also note consent approval of prior minutes and a Lifesaving Award presentation.
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07-11-2023 BOA Minutes July 11, 2023 Page 2 of 4

operate a dispensary in St. Louis City that they are petitioning the State to move to the proposed location. The operations manual and security plan have been reviewed by staff including the Police Department and found to be aligned with requirements and best practices.

The Plan Commission considered this request at its meeting on July 3, 2023, and voted unanimously to recommend approval as requested.

Bob Pease of Agri-Genesis LLC and Bobby Crudy, Director of Retail, was in attendance to answer questions.

Mayor Harris closed the public hearing.

Motion made by Alderman Berkowitz to approve Resolution No. 2023-23, granting a Conditional Use Permit to Agri-Genesis, LLC d/b/a SUNRISE. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

CONSENT AGENDA 1. 06-27-2023 Minutes

07-11-2023 BOA Minutes July 11, 2023 Page 1 of 4

THE CITY OF CLAYTON

Board of Aldermen In-Person and Virtual Meeting July 11, 2023 7:02 p.m. Minutes

The meeting was open to individuals to attend in-person and/or virtually via Zoom. Mayor Harris called the meeting to order and requested a roll call. The following individuals were in attendance:

In-person: Ira Berkowitz, Bridget McAndrew, Becky Patel, Gary Feder, Rick Hummell, and Mayor Harris. Virtual attendance: Susan Buse

Staff: City Manager Gipson, City Attorney O’Keefe, City Clerk Frazier, and Assistant City Manager Andrea Muskopf

PUBLIC REQUESTS AND PETITIONS

None

RECOGNITIONS & AWARDS

Chief Mark Smith presented the Lifesaving Award to Sgt. Jon Weidenbenner for is heroic efforts in saving someone’s life. AN ORDINANCE AND A RESOLUTION FOR A CONDITIONAL USE PERMIT FOR 118 SOUTH HANLEY ROAD - MARIJUANA DISPENSARY D/B/A AS SUNRISE

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 Bob Pease of Agri-Genesis LLC, d/b/a Sunrise, to allow for the operation of a 3,611 square foot marijuana dispensary. The existing building will be renovated to support the proposed use. Sunrise will be open seven (7) days a week from 8:00 a.m. until 9:00 p.m. The dispensary will be designed in compliance with Missouri requirements to include a waiting room, separated sales floor, private employee spaces, and restroom facilities. The subject property includes on-site parking with 23 spaces for visitors and employees.

The dispensary will be designed in compliance with Missouri requirements to include a waiting room, separated sales floor, private employee spaces, and restroom facilities. The subject property includes on-site parking with 23 spaces for visitors and employees. Deliveries, trash, and recycling services will be provided using Colorado Avenue. The applicant has stated that any marijuana products to be discarded will first be rendered unusable. Marijuana dispensaries are subject to Section 405.350 Performance Standards and Regulations Relating to Marijuana Facilities and Chapter 405, Article VII Conditional Use Permit of the City’s adopted codes as well as State regulations and licensing. The applicant currently holds a license to

Motion made by Alderman Berkowitz to approve the Consent Agenda. Alderman McAndrew seconded.

The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye.

AN ORDINANCE FOR AN AGREEMENT WITH THE SCHOOL DISTRICT OF CLAYTON FOR SCHOOL RESOURCE OFFICERS

City Manager Gipson reported that the City and School District have been discussing the possible addition of SROs to other facilities within the District. The Clayton Police Department is currently staffed at the appropriate level and any additional officers would only be added to assist the District. As such, the District has agreed to take on a higher percentage of the cost burden for SROs.

Alderman Berkowitz introduced Bill No. 6983, to approve an agreement with the School District of Clayton for School Resource Officers for the first time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6983, first reading, an Ordinance Approving a Police Services Agreement for School Resource Officers (SRO) with the Clayton School District by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 6983 on the day of its introduction. Alderman McAndrew seconded.

Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 6983 on the day of its introduction. Alderman McAndrew seconded.

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The motion passed unanimously on a voice vote.

Alderman Berkowitz introduced Bill No. 6983, to approve an agreement with the School District of Clayton for School Resource Officers to be read for the second time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6983, second reading, an Ordinance Approving a Police Services Agreement for School Resource Officers (SRO) with the Clayton School District by title only.

The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6844 of the City of Clayton.

A RESOLUTION ESTABLISHING THE CITY OF CLAYTON WASTE COLLECTION FINANCIAL ASSISTANCE PROGRAM

City Manager Gipson reported that beginning on October 1, 2023, Clayton residents will be responsible for the cost of waste collection services. The cost for single-family waste collection will be $53/month in the first year of the new waste hauling contract. The Board of Aldermen recognizes that this additional monthly expense could have a significant negative financial for some property owners. In response to that concern, the Board of Aldermen is establishing the Waste Collection Financial Assistance Program. The program covers 100% of the basic waste collection service fees for qualifying properties by making direct payment to the hauler on behalf of the property owner.

Participation in the program is limited to those residents with annual income at or below 80% of the Median Household Income for St. Louis County as published by HUD. Applicants must submit certain documentation to demonstrate eligibility. Program participants will be required to recertify eligibility on an annual basis.

City Manager Gipson noted that $3,000 will be allocated in the budget.

Motion made by Alderman Feder to amend the resolution to include as part of the application the text “I _____ certify that all documents submitted are true and accurate, and that my direct payment of waste collection service fees would have a significant negative impact on my household.” Alderman Hummell seconded.

The motion passed 5-Ayes; 2 Nays (Aldermen Berkowitz and Patel) on a voice vote.

Motion made by Alderman Berkowitz to approve Resolution No. 2023-24 as amended, establishing the City of Clayton Waste Collection Financial Assistance Program. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

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