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November 8, 2022 — Meeting Minutes
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The motion passed on a roll call vote: Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6782 of the City of Clayton.
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AN ORDINANCE TO CONSIDER AMENDING THE CLAYTON CITY CODE AND DECLARING DISCRIMINATORY HOUSING RESTRICTIONS INVALID AND VOID
City Manager Gipson reported that the City of Clayton, state, and federal governments have prohibited discriminatory housing practices for many years. Missouri law specifically states that no declaration or other governing document of a homeowners' association shall include a restrictive covenant in violation fair housing requirements.
The Clayton Community Equity Commission led an effort to inform neighborhoods in the community of existing racially restrictive covenants and assisted in their efforts to remove any such language. This proposed ordinance declares invalid and void any declaration, indenture, or other governing document applicable to any dwelling or area in the City of Clayton that includes a discriminatory restrictive covenant or provision in violation of the City’s housing discrimination regulations.
The Community Equity Commission unanimously recommended approval of the proposed ordinance at its regular meeting on October 13, 2022.
Ben Uchitelle, Chairman of the CEC and Chris Schmiz, CEC member were present to answer questions.
Alderman Lintz introduced Bill No. 6924, to approve an amendment to the Clayton Code declaring discriminatory housing restrictions invalid and void to be read for the first time by title only. Alderman Berkowitz seconded.
City Attorney O’Keefe reads Bill No. 6924, first reading, an Ordinance Amending the Clayton City Code and Declaring Discriminatory Housing Restrictions Invalid and Void 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. 6924 on the day of its introduction. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
Alderman Lintz introduced Bill No. 6924, to approve an amendment to the Clayton Code declaring discriminatory housing restrictions invalid and void to be read for the second time by title only. Alderman Berkowitz seconded.
City Attorney O’Keefe reads Bill No. 6924, second reading, an Ordinance Amending the Clayton City Code and Declaring Discriminatory Housing Restrictions Invalid and Void 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; Alderman Feder – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6783 of the City of Clayton.
ORDINANCE - ADOPTING THE 2021 INTERNATIONAL BUILDING, Mechanical, Plumbing, residential, energy conservation, fuel gas, SWIMMING POOL AND SPA codes, AND THE EXISTING BUILDING CODE WITH AMENDMENTS – 2nd reading
City Manager Gipson reported that this is the second reading of an ordinance to adopt the 2021 International Building Code, Mechanical Code, Plumbing Code, Residential Code, Energy Conservation Code, Fuel Gas Code, Swimming Pool and Spa Code and the Existing Building Code, with Amendments. Once approved the ordinance will go into effect January 1, 2023.
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Alderman Lintz introduced Bill No. 6919, an ordinance to approve the adoption of the 2021 International Building, Mechanical, Plumbing, Residential, Energy Conservation, and Fuel Gas Codes, with amendments to be read for the second time. Alderman Berkowitz seconded.
City Attorney O’Keefe reads Bill No. 6919, second reading, 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 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; Alderman Feder – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6780 of the City of Clayton.
AN ORDINANCE FOR CONSIDERATION IN ADOPTING THE 2021 INTERNATIONAL FIRE CODE WITH LOCAL MODIFICATIONS
City Manager Gipson reported that the Board of Aldermen adopted the current International Fire Code in 2015. The Fire Department staff has reviewed the 2021 International Fire Code and local amendments needed to meet the specific needs and requirements of Clayton were identified and are included in the proposed ordinance for second reading.
Alderman Lintz introduced Bill No. 6920, to approve the adoption of the 2021 International Fire Code to be read for the second time by title only. Alderman Berkowitz seconded.
City Attorney O’Keefe reads Bill No. 6920, second reading, 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 2021 International Fire Code 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; Alderman Feder – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6781 of the City of Clayton.
AN ORDINANCE TO APPROVE APPOINTING CERTAIN MEMBERS TO THE BOARD OF DIRECTORS OF THE DANIELE COMMUNITY IMPROVEMENT DISTRICT (CID) AND CORRECTION OF CERTAIN MEMBER TERMS
City Manager Gipson reported that On February 12, 2013 the City of Clayton created the Daniele Community Improvement District (CID) for the property located at 216 N. Meramec Avenue, now operating as a Hampton Inn & Suites. The CID imposes an additional 1% sales tax on the hotel (including hotel room, restaurant and gift shop sales). The CID uses the revenues from the sales tax to reimburse the Developer for certain eligible redevelopment costs.
The CID is governed by a five-member board of directors appointed by the Mayor with the consent of the Board of Aldermen. Only authorized representatives of property owners within the CID may
The CID is governed by a five-member board of directors appointed by the Mayor with the consent of the Board of Aldermen. Only authorized representatives of property owners within the CID may
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be appointed to the Board of Directors. In this case, the Developer is the sole property owner within the CID.
On February 23, 2021, the Board of Aldermen approved the directors as follows: Patricia Mattz
Term Expires February 12, 2025
Mohammed Kashif
Term Expires February 12, 2025 Tom Hooper
Term Expires February 12, 2025 Tamekia Jefferson
Term Expired February 12, 2022 Judith McCray
Term Expired February 12, 2022 The CID is requesting the appointment of Tracey Rucker and Christina Philips, both to serve three-year terms that expire February 12, 2025. Directors Rucker and Philips will replace Directors Tamekia Jefferson and Judith McCray. In addition, the CID request that the Board correct the terms for Directors Mattz, Kashif and Hooper to reflect terms expiring February 12, 2024. The 2025 expiring term for all three was a clerical mistake.
Alderman Lintz introduced Bill No. 6923, to approve the appointments to the Daniele Community Improvement District Board of Directors to be read for the first time by title only. Alderman Berkowitz seconded.
City Attorney O’Keefe reads Bill No. 6923, first reading, an Ordinance of the City of Clayton, Missouri, Approving the Reappointment of Members to the Board of Directors for the Daniele Community Improvement District 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. 6923 on the day of its introduction. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
Alderman Lintz introduced Bill No. 6923, to approve the appointments to the Daniele Community Improvement District Board of Directors to be read for the second time by title only. Alderman Berkowitz seconded.
City Attorney O’Keefe reads Bill No. 6923, SECOND reading, an Ordinance of the City of Clayton, Missouri, Approving the Reappointment of Members to the Board of Directors for the Daniele Community Improvement District 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; Alderman Feder – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6782 of the City of Clayton.
The motion passed on a roll call vote: Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6783 of the City of Clayton.
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A RESOLUTION TO APPROVE A CONTRACT WITH SIKICH LLP FOR AUDIT SERVICES FOR THE CITY AND THE CRSWC
City Manager Gipson reported that the City recently issued a request for proposals for audit services for the annual audit of the City and CRSWC for fiscal years 2022 through 2026. Staff has found that bidding for both entities simultaneously reduces costs and is more efficient. Our previous contract was for five (5) years with a two (2) year extension, with RubinBrown, who declined to bid this time.
Ten (10) firms were invited by the City to submit proposals for audit services, including a single audit for the City and CRSWC for Fiscal Years 2022 through 2026. Two (2) responses were received, with both firms meeting the basic criteria established in the RFP.
Motion made by Alderman Lintz to approve Resolution No. 2022-23, a contract with Sikich LLP for auditing services for Fiscal Years 2022-2026. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
A RESOLUTION TO CONSIDER SUPPORTING THE LIGHTS OUT HEARTLAND CAMPAIGN
City Manager Gipson reported that this is a resolution to consider the City of Clayton supporting the Lights Out Heartland Campaign.
The City of Clayton Sustainability Advisory Committee (SAC) discussed this topic at their October meeting and voted to forward this recommendation to the Board of Alderman for consideration.
Deb Grossman, Chairman of the Sustainability Committee and Stephanie Todd, Missouri Chapter of the International Dark-Sky Association were in attendance to answer questions.
Motion made by Alderman Lintz to approve Resolution No. 2022-24, in support of the Lights Out Heartland Campaign. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
A RESOLUTION TO CONSIDER MEMBERSHIP IN THE MIDWEST CLIMATE COLLABORATIVE (MCC) PROGRAM
City Manager Gipson reported that this is a resolution to consider the City of Clayton joining the Midwest Climate Collaborative (MCC).
The City of Clayton Sustainability Advisory Committee (SAC) discussed this topic at their September meeting and voted to forward this recommendation to the Board of Alderman for consideration.
Motion made by Alderman Lintz to approve Resolution No. 2022-25, for the City of Clayton to join the Midwest Climate Collaborative Program. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
Alderman Berkowitz seconded. The motion passed unanimously on a voice vote.
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A RESOLUTION TO CONSIDER THE PURCHASE OF MOBILE AND PORTABLE RADIOS WITH ASSOCIATED EQUIPMENT FOR FIRE DEPARTMENT
City Manager Gipson reported that in November 2008, Proposition H was passed in St. Louis County in which part of this proposition provided funding for public safety entities to replace their existing fleet of mobile and portable radios in order to communicate between entities. This project was completed in 2012. This proposition did not however, account for replacement of these units which is every ten years.
As ten years has passed, it has now come to the point that these units do not have the capability to be updated with new technology and replacement parts.
In anticipation of the FY23 purchase, Staff has been working with Motorola, Inc., in cooperation with St. Louis County’s Emergency Communications Commission (ECC) over several months to make sure all equipment and service meets our needs and is delivered and installed in a timely manner.
The Equipment Replacement Fund (ERF) funding for this radio project for FY23 will not exceed $252,000.
Motion made by Alderman Lintz to approve Resolution No. 2022-26, for the purchase of mobile and portable radios with associated equipment for the Fire Department. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
RECOMMENDATION FROM THE CLAYTON COMMUNITY EQUITY COMMISSION
City Manager Gipson reported that the Clayton Community Equity Commission (CEC) has held numerous discussions on affordable housing. Much of this conversation has centered on the preservation of existing two-family dwellings in predominantly single-family neighborhoods and potential changes to land use policy that would allow a wider range of housing opportunities in single-family zoned neighborhoods. The following recommendations were presented to the Board of Aldermen for consideration: