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September 8, 2015 — Meeting Minutes

This is the Board of Aldermen minutes for the City of Clayton dated September 8, 2015. The excerpts cover roll call and approval of prior minutes; second readings and adoption of ordinances including the FY2016 operating and capital budget (Adopted as Ordinance No. 6387) and ballot/ordinance language to set 2015 property tax levies; a public hearing and discussion about amending the city animal/domestic fowl regulations (Bill No. 6518), which was tabled by unanimous voice vote; and consideration of a third-quarter amendment to the FY2015 budget (Bill No. 6519). The excerpts record the unanimous vote adopting the FY2016 budget and the unanimous motion to table Bill No. 6518; they also note specific budget items discussed (e.g., authorization for MSD-related work and removal of a $57,000 ice rink item).
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09-08-15 BOA Minutes September 8, 2015 Page 2 of 5

Alderman Garnholz introduced Bill No. 6512, an ordinance to approve the FY2016 Operating and Capital Improvement Budget to be read for the second time by title only. Alderman Winings seconded. City Attorney Heinz reads Bill No. 6512, an Ordinance Adopting an Annual Budget for the Fiscal Year 2016 Commencing on October 1, 2015 and Appropriating Funds Pursuant Thereto for the second time by title only. Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6387 of the City of Clayton. A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO CHAPTER 210, ARTICLE II, SECTION 210.260 GENERAL ANIMAL, LIVESTOCK, BIRDS AND DOMESTIC FOWL REGULATIONS

Mayor Sanger opened the public hearing and requested proof of publication. City Manager Owens reported that on September 24, 2013, the Board of Aldermen amended the Domestic Fowl Regulations with the intent of ensuring greater compatibility between properties that chose to keep geese, ducks, chickens or turkeys, and those that don’t, by aligning the existing ordinance with setback requirements for accessory structures and ensuring safe and sanitary conditions as set forth in the City’s nuisance codes. The revised regulations also required a permit and inspection of the facilities before domestic fowl may be housed on private property. Raising back yard domestic fowl is an extension of an urban farming movement that has gained popularity nationwide.

09-08-15 BOA Minutes September 8, 2015 Page 1 of 5

THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue September 8, 2015 7:10 p.m. Minutes

Mayor Sanger called the meeting to order and requested a roll call. The following individuals were in attendance:

Aldermen: Cynthia Garnholz, Mark Winings, Joanne Boulton, Alex Berger III, Rich Lintz, and Ira Berkowitz. Mayor Sanger City Manager Owens City Attorney Heinz

Alderman Boulton moved to approve the August 25, 2015 minutes. Alderman Winings seconded. The motion to approve the minutes passed unanimously on a voice vote. PUBLIC REQUESTS AND PETITIONS

None

AN ORDINANCE TO CONSIDER SETTING THE TAX YEAR 2015 PROPERTY TAX LEVIES FOR FISCAL YEAR 2016 BUDGET - SECOND READING

City Manager Owens reported that the Board held the public hearing to hear public comment and also had the first reading at the August 25 Board meeting. There were no changes made since then and now it is before the Board for the second reading. Alderman Garnholz introduced Bill No. 6511, an ordinance to approve the Property Tax Levies for Tax Year 2015 (FY2016) to be read for the second time by title only. Alderman Winings seconded. City Attorney Heinz reads Bill No. 6511, an Ordinance Levying and Establishing the Rate of Annual Taxes for General Municipal Purposes; Police Building Debt Service; General Obligation Debt Service; and, Special Business District Purposes to be Collected by the City of Clayton, Missouri, for the Year 2015 for the second time by title only.

Alderman Winings seconded. City Attorney Heinz reads Bill No. 6511, an Ordinance Levying and Establishing the Rate of Annual Taxes for General Municipal Purposes; Police Building Debt Service; General Obligation Debt Service; and, Special Business District Purposes to be Collected by the City of Clayton, Missouri, for the Year 2015 for the second time by title only. Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6386 of the City of Clayton. AN ORDINANCE TO CONSIDER APPROVINGTHE PROPOSED FISCAL YEAR 2016 OPERATING AND CAPITAL IMPROVEMENTS BUDGET - SECOND READING

City Manager Owens gave a brief summary of the FY2016 Budget process. The Board held a public hearing to hear public comment and had the first reading at the August 25 Board meeting. Mayor Sanger commented that the Board has worked several months reviewing and discussing the FY2016 Budget and stressed that the City has a balanced budget.

The revised regulations also required a permit and inspection of the facilities before domestic fowl may be housed on private property. Raising back yard domestic fowl is an extension of an urban farming movement that has gained popularity nationwide. Home-raised livestock or agriculture avoids the energy usage and carbon emissions typically associated with transporting food. The popularity is also inspired by the expanding movement to buy locally produced food, and is leading urban municipalities to allow domestic fowl with regulations to harmonize the compatibility of small scale agricultural uses located in dense urban environments. Since the adoption of the revised Domestic Fowl Regulations in 2013, the City has issued eight Domestic Fowl Permits, each valid for three years. Since that time, City staff and the Board of Aldermen have received numerous complaints regarding the appearance of coops and pens that are visible from adjacent properties and noise complaints. The current regulations address the location and screening of coops and pens as follows:

“Coops and pens shall be effectively screened from view by pedestrians at ground level at all times by the use of an opaque fence or landscaping.”

Staff’s application of this requirement has been to require screening of views from the public right-of-way, not from adjacent properties, per the City’s Architectural Review Guidelines.

Since that time, City staff and the Board of Aldermen have received numerous complaints regarding the appearance of coops and pens that are visible from adjacent properties and noise complaints. The current regulations address the location and screening of coops and pens as follows:

“Coops and pens shall be effectively screened from view by pedestrians at ground level at all times by the use of an opaque fence or landscaping.”

Staff’s application of this requirement has been to require screening of views from the public right-of-way, not from adjacent properties, per the City’s Architectural Review Guidelines. Due to the number of complaints the City staff and Board of Aldermen have received regarding the appearance and location of coops and pens, staff has been directed to revise the current regulations to require more stringent screening from the streets and adjacent properties, and therefore proposes the language found herein. The design requirements for coops have also been enhanced to require coops to be constructed of common materials and designs associated with commercially constructed small animal enclosures. Property owners have resorted to enclosures and coops constructed of unconventional materials such as wooden pallets, trampolines, scrap lumber pieces and plastic tarps which appear to be the equivalent of junk storage on private property, rather than an appropriate enclosure for domestic fowl. At the time of the drafting of this report, it was unknown if the Illustrations 1 and 2 could be published through the City’s online Code Publisher.

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