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minutes 2015-10-13 City meeting records #q380243f8 Open original ↗

October 13, 2015 — Meeting Minutes

This is the minutes of the Clayton Board of Aldermen meeting held October 13, 2015. The excerpts record attendance, approval of prior minutes, a proclamation for a local restaurant, a public hearing and 4–1 vote approving a conditional use permit for The Claymoor at 15 N. Meramec (Alderman Berger voting nay), and adoption of Bill No. 6524 ( Ordinance No. 6392) amending Chapter 505 on mobile food vending. The minutes also include a public hearing regarding amendments to Chapter 405 about front-yard prohibitions and summaries of proposed updates to multiple 2015 International Codes (Building, Residential, Existing Building, Mechanical, Fuel Gas, Energy Conservation, and Property Maintenance) and related local amendments.
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4. Notwithstanding any provision herein to the contrary, each property harboring domestic fowl which exists

The subject codes and amendments are required to be available for public review and comment for 90 days prior to their adoption. The codes have been available in the City Clerk’s office since August 27, 2015.

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Therefore, the ordinance is being presented for its first reading only pending completion of the required public review period. The second reading will be scheduled 90 days or later, from the date of the first reading (sometime in January, 2016). The code was presented to the attendees at the public meeting held on August 27, 2015. Recommendation is to approve the ordinance for the first reading only.

In response to Alderman Garnholz question, City Manager Owens explained that the ISPS Code were previously part of the IBC codes, but were “pulled” out and separated which now requires a separate approval.

Alderman Garnholz introduced Bill No. 6526, an ordinance to approve the adoption of the 2015 International Swimming Pool and Spa Code to be read for the first time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill No. 6526, an Ordinance Providing for the Amendment of Sections 500.010 and 500.020 of the Code of Ordinances of the City of Clayton, Missouri, Relating to Buildings and Structures to Adopt the International Swimming Pool and Spa Code and Certain Amendments Thereto, and Establishing Penalties for the Violation Thereof for the first time by title only.

The motion passed unanimously on a voice vote.

A RESOLUTION TO CONSIDER APPROVING THE SUBMITAL OF A MUNICIPAL PARKS GRANT APPLICATION FOR PARK IMPROVEMENTS AT TAYLOR PARK

City Manager Owens reported that a system-wide recommendation of the 2007 Parks & Recreation Master Plan is the upgrade of existing playgrounds throughout the city’s park system as well as neighborhood park improvements. This year we have put together a plan for improvements to Taylor Park that include not only replacement of the 20 year old playground but also enhancements to this popular neighborhood park. To create this plan we created a focus group made up of residents of Old Towne, a member of the Parks & Recreation Commission, a member of the Board of Aldermen and staff who met over the past six months to provide input on the playground design as well as the overall park improvements. A survey of residents was conducted to also gain additional input.

As a result of these meetings a plan was developed that included the following improvements that are detailed in Attachment A:  ADA improvements to North Central Entrance  Upgrades to Lighting to include underground location of wires and new LED lights  Installation of a connecting walk from Bemiston to the trail on the west side of the park  New site furnishings and reorientation of picnic pads  Improved Landscape Plantings  New sod and irrigation system  Replacement of New Playground

Included in the FY16 Capital budget is $20,000 of City Funding for the completion of this project. The City is eligible for up to $420,000 of grant funding this year and the total cost of this project is estimated to be $420,636.00. It is our intent to apply for a grant for $400,636 to fund the project with the matching portion of $20,000 paid for from the City’s Capital Fund. The Parks and Recreation Commission unanimously voted in favor of this grant application at their October 5, 2015 meeting. Recommendation is to approve the resolution authorizing submittal of the grant application for Park Improvements at Taylor Park.

Alderman Garnholz moved to approve Resolution No. 15-16, to approve the submittal of the St. Louis Municipal Parks Grant application for Taylor Park. Alderman Winings seconded.

At these meetings, the Fire Department staff and Building staff gave a brief presentation regarding the proposed changes and answered any questions/concerns from the public. No additional changes have been made to the ordinance.

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The subject codes and amendments are required to be available for public review and comment for 90 days prior to their adoption. The Codes have been available in the City Clerk’s Office since June, 2015. Therefore, the ordinance is being presented for its second reading. Recommendation is to approve the ordinance.

Gary Feder, Attorney, Husch Blackwell Law Firm, addressed the Board on behalf of his client’s interests in 7777 Bonhomme Avenue building expressed concerns regarding Appendix M of the Fire Code as it relates to existing high-rise buildings and water sprinklers. Mr. Feder noted that he has already been working with the City on a previous plan and that he had no opposition to the adoption of the codes. His concerns are related to the requirement to come into compliance.

Joe Downs, Opus Development, addressed the Board requesting that the City allow the development project to be grandfathered in under the current IBC Codes.

City Manager Owens stated that he has no objection to Mr. Downs’ request due to the projects unique design/build aspect and that staff will discuss and notify him of the decision.

Alderman Garnholz introduced Bill No. 6506, an ordinance to consider adopting the 2015 International Building, Mechanical, Plumbing, Residential, Energy, Conservation and Fuel Gas Codes with amendments for the second time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill No. 6506, an Ordinance Providing for the Repeal of Sections 500.010 and 500.020 of the Code of Ordinances of the City of Clayton, Missouri, Relating to Buildings and Structures and Enacting in Lieu Thereof New Sections 500.010 and 500.020 on the Same Subject With Certain Modifications as Hereinafter Set Forth, and Establishing Penalties for the Violation Thereof for the second time by title only.

Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6395 of the City of Clayton.

Alderman Garnholz introduced Bill No. 6507, an ordinance to consider adopting the 2015 International Fire Code to be read for the second time. Alderman Winings seconded.

City Attorney O’Keefe reads Bill No. 6507, an Ordinance Amending Sections 205.070 and 205.080 of the Municipal Code of the City of Clayton, Missouri, Regarding Fire Protection and Prevention, Adopting the 2015 International Fire Code for the second time by title only.

Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6396 of the City of Clayton.

Alderman Garnholz introduced Bill No. 6509, an ordinance to consider adopting the 2015 International Property Maintenance Code for the second time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill No. 6509, An Ordinance Adopting the 2015 International Property Maintenance Code and Certain Modifications Thereto, Establishing Penalties for the Violation Thereof, and Amending Section 500.040 of the Code of Ordinances of the City of Clayton Relating Thereto for the second time by title only.

Alderman Garnholz introduced Bill No. 6509, an ordinance to consider adopting the 2015 International Building, Property Maintenance Codes for the second time by title only. Alderman Winings seconded.

Alderman Garnholz introduced Bill No. 6509, an ordinance to consider adopting the 2015 International Building, Property Maintenance Codes for the second time by title only. Alderman Winings seconded.

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City Attorney O’Keefe reads Bill No. 6509, An Ordinance Adopting the 2015 International Property Maintenance Code and Certain Modifications Thereto, Establishing Penalties for the Violation Thereof, and Amending Section 500.040 of the Code of Ordinances of the City of Clayton Relating Thereto for the second time by title only.

Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6397 of the City of Clayton.

AN ORDINANCE TO CONSIDER ADOPTING THE 2015 INTERNATIONAL SWIMMING POOL AND SPA CODE (ISPSC) WITH AMENDMENTS (FIRST READING)

City Manager Owens reported that this is an ordinance to adopt the 2015 International Swimming Pool and Spa Code (“ISPSC”) with amendments.

The first edition of the International Swimming Pool and Spa Code was published in 2012 as a result of the collaborative effort among many industry experts, including the Association of Pool and Spa Professionals (APSP).

The goal in creating the ISPSC was to produce a comprehensive code which met the requirements of the Virginia Graeme Baker Act and incorporated the relevant requirements found in the International Residential Code, International Building Code, International Plumbing Code and the International Mechanical Code, along with the APSP standards.

When the City of Clayton adopted the current codes in effect, the ISPSC had yet to be created. Therefore, the 2015 International Swimming Pool and Spa Code would be the first standalone swimming pool and spa code adopted by the City of Clayton.

The adoption of the ISPSC is needed because as a result of the creation of the ISPSC, all code sections pertaining to the installation of swimming pools were removed from the 2015 International Residential Code and 2015 International Building Code. Adopting the 2015 ISPSC allows the City of Clayton to continue to have up to date design and installation safety standards for both private and public swimming pools. The adoption of the ISPSC will also allow for a more streamlined standard for the design, installation and inspection of swimming pools for both end user and staff.

The following are a few the benefits of the ISPSC, as provided by the ICC:

 The only comprehensive model swimming pool and spa code available.  Meets or exceeds Virginia Graeme Baker Pool and Spa Safety Act compliance.  Utilizes time-proven APSP ANSI standards by reference and integration.  Contains barrier, decking, lighting, circulation system, pump, accessibility, diving, sanitizing equipment, filter and suction fitting provisions

In addition to the actual Codes, contained in the ordinance are minor amendments that are designed to take into consideration circumstances and standards which are particular to Clayton. These amendments, therefore, allow for meeting Clayton’s individual needs while assuring that the City is utilizing a nationally recognized standard for Code implementation and enforcement.

The subject codes and amendments are required to be available for public review and comment for 90 days prior to their adoption. The codes have been available in the City Clerk’s office since August 27, 2015.

Louis Municipal Parks Grant application for Taylor Park. Alderman Winings seconded.

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The motion passed unanimously on a voice vote.

Other

Alderman Garnholz reported on the following: Parks & Recreation Commission  Members of the MYAC attended and they were very engaged, asking lots of questions.  The Commission discussed the Open Space Needs Analysis.  Very good presentation on Taylor Park and the new playground – very exciting.  Andy Franke discussed with the Commission the idea of an “impact fee” for park land on how it is a “tool” used across the nation.

Alderman Berger reported on the following:

CRSWC Finance Committee – meeting to be held on November 5 where they will begin the conversation around capitol plan development for The Center and members of the School Board will participate. Citizens’ Committee for Chapman Plaza – met recently and he is pleased with the firm doing the work of creating the plan and feels their partnership with Patty DeForrest is dynamic. He feels very good about the work that has been done and where it is going.

Alderman Lintz reported that he attended the “Coffee With A Cop” event and felt it was an excellent event with very good participation.

Alderman Berkowitz reported that the CHS Homecoming parade was awesome! He added that they managed to keep a lot of dentists in practice, referring to the candy that was thrown from the truck to the parade attendees.

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 Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye.

There being no further business the meeting was adjourned at 8:40 p.m.

____________________________

Mayor ATTEST:

____________________________ City Clerk

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