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June 24, 2025 — Meeting Minutes

These are the minutes of the City of Clayton Board of Aldermen meeting held June 24, 2025. The excerpts record agenda items and actions including a conditional use permit approving Nate’s Deli at 7923 Forsyth Boulevard with amended hours (Monday–Friday, 9 a.m.–6 p.m.), ordinance readings and adoption converting the University Drive/Crandon Drive intersection from a yield to a stop intersection (Ordinance No. 6935), approval of a change order and subsequent ordinance for waterproofing/repair work at the 10 S. Brentwood parking garage (Ordinance No. 6936), and approval of final payment to Byrne and Jones Construction for Remembrance Park bringing the project total to $595,460 (with a $3,710 over-budget amount noted). The minutes also note a FY2025 second-quarter financial report was presented, recruitment and discussion for a Municipal Judge interview panel, and brief committee and mayoral reports.
Cited passage
5. Boards and Commission appointments.

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bill, having received majority approval, was adopted, and became Ordinance No. 6936 of the City of Clayton. AN ORDINANCE FOR FINAL PAYMENT TO BYRNE AND JONES CONSTRUCTION FOR CONSTRUCTION AT REMEMBRANCE PARK

City Manager Gipson reported that in 2018, the City of Clayton acquired land at 7811 Maryland Avenue with the intent to create an urban park in Downtown Clayton, now known as Remembrance Park. Over the past six years, the project has been slow to progress, first due to the additional funding needed for the construction of the park, then due to multiple utility issues on site. Remembrance Park finally opened to the public on Wednesday, June 18, 2025. As the project neared completion, Byrne and Jones submitted the final pay application, bringing the total of the project to $595,460. In reviewing this invoice, it has been determined that the final amount due is over the approved budget by $3,710 due to an error in tracking the change orders within the approved contingency amount. Toni Siering, Director of Parks and Recreation, addressed the Board to answer questions. Alderman Buse introduced Bill No. 7076, approving final payment to Byrne and Jones Construction for the Remembrance Park project to be read for the first time by title only. Alderman Patel seconded. City Attorney Jones reads Bill No. 7076, first reading, an Ordinance Approving Final Payment to Byrne and Jones Construction for Construction at Remembrance Park by title only. The motion passed unanimously on a voice vote.

Brentwood 3rd Level Parking Garage Repair Project included replacing the aging coating with an allowance for 1,830 sf of partial-depth concrete deck repair. Upon demolishing Western Specialty Contractors encountered 11 post-tension cables requiring repair on the western phase which was not anticipated in the contract. The addition of post- tension cable repairs and partial-depth concrete deck repairs beyond the allowance has resulted in forecasted project totals beyond the contracted amount. Matt Malick, Director of Public Works, addressed the Board to answer questions. Alderman Buse introduced Bill No. 7075, approving the change orders for the 10 S. Brentwood deck repairs project to be read for the first time by title only. Alderman Patel seconded. City Attorney Jones reads Bill No. 7075, first reading, an Ordinance Approving a Change Order to the Contract with Western Waterproofing Company, Inc. d/b/a Western Specialty Contractors for the Eastern Phase of the 10 S. Brentwood 3rd Level Parking Garage Repair Project by title only. The motion passed unanimously on a voice vote. Motion made by Alderman Buse that the Board give unanimous consent to consideration for adoption of Bill No. 7075 on the day of its introduction. Alderman Patel seconded. The motion passed unanimously on a voice vote. Alderman Buse introduced Bill No. 7075, approving the change orders for the 10 S. Brentwood deck repairs project to be read for the second time by title only. Alderman Feder seconded.

Brentwood deck repairs project to be read for the second time by title only. Alderman Feder seconded. City Attorney Jones reads Bill No. 7075, second reading, an Ordinance Approving a Change Order to the Contract with Western Waterproofing Company, Inc. d/b/a Western Specialty Contractors for the Eastern Phase of the 10 S. Brentwood 3rd Level Parking Garage Repair Project by title only. The motion passed on a roll call vote: Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; Alderman Yorg – Aye; and Mayor McAndrew – Aye. The

City Attorney Jones reads Bill No. 7076, first reading, an Ordinance Approving Final Payment to Byrne and Jones Construction for Construction at Remembrance Park by title only. The motion passed unanimously on a voice vote. Motion made by Alderman Buse that the Board give unanimous consent to consideration for adoption of Bill No. 7076 on the day of its introduction. Alderman Patel seconded. The motion passed unanimously on a voice vote. Alderman Buse introduced Bill No. 7076, approving final payment to Byrne and Jones Construction for the Remembrance Park project to be read for the second time by title only. Alderman Patel seconded. City Attorney Jones reads Bill No. 7076, second reading, an Ordinance Approving Final Payment to Byrne and Jones Construction for Construction at Remembrance Park by title only. The motion passed on a roll call vote: Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; Alderman Yorg – Aye; and Mayor McAndrew – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6937 of the City of Clayton. MUNICIPAL JUDGE SELECTION PANEL

City Manager Gipson reported that On March 28, 2023, the Board of Aldermen approved Resolution No. 2023-12, Adopting a Selection Process for the Municipal Judge. Resolution No. 2023-12, Section 2: The interview panel shall be comprised of an elected official, a member of the Clayton Community Equity Commission, and two others who have expertise in criminal

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justice and a demonstrated interest in equity issues such as public interest law, administration of justice, pro -bono, non- profit, or similar experience. (Lawyers preferred but not required). None of the panel members shall have, in the judgment of the Board of Aldermen and Mayor, either bias or a direct or indirect conflict of interest in serving on the interview panel. Recruitment for applications to serve on the Municipal Judge interview panel was advertised on the City’s website and in Clayton Connections on May 30, 2025, with a deadline of June 13, 2025, to apply. The city received three applications to which copies were sent to the Board of Aldermen for review. It is noted that Mayor McAndrew abstained from the review and voting of the applicants and recused herself from tonight’s discussion and vote. Alderman Yorg raised questions concerning a probable conflict of interest for two of the applicants; one a prior member of the previous interview panel which previously interviewed one of the applicants; and the other is a relative of an elected official. City Attorney Jones noted that in review of the constitutional prohibition on nepotism the distinguishing factor is whether the elected official votes and since Mayor McAndrew has recused herself from the selection process and will not vote on the appointment(s) it would not be a conflict of interest.

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