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minutes 2022-11-08 City meeting records #q407f7129 Open original ↗

November 8, 2022 — Meeting Minutes

This is the Board of Aldermen minutes for the City of Clayton from the November 8, 2022 meeting. The excerpts record meeting attendance and procedural actions, approval of prior minutes, approval of a liquor license for Box Hill Group – Wydown LLC at 7624 Wydown Avenue, adoption of updates to the 2021 International building-related codes effective January 1, 2023, reappointments and term corrections for the Daniele Community Improvement District board (resulting in Ordinances No. 6782 and No. 6783), approval of a contract with Sikich LLP for audit services for fiscal years 2022–2026 (Resolution No. 2022-23), and passage of resolutions to support the Lights Out Heartland Campaign (Resolution No. 2022-24) and to join the Midwest Climate Collaborative (Resolution No. 2022-25). The excerpts also include discussion points from the Community Equity Commission about amending zoning code sections 405.440 and 405.450 related to nonconforming two-family duplexes and a brief mention of accessory dwelling units.
Cited passage

Alderman Berkowitz seconded. The motion passed unanimously on a voice vote.

11-08-2022 BOA Minutes November 8, 2023 Page 6 of 9

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:

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.

11-08-2022 BOA Minutes November 8, 2023 Page 4 of 9

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.

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.

11-08-2022 BOA Minutes November 8, 2023 Page 5 of 9

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.

in neighborhoods that have since been zoned as single-family be afforded the same rights to change or modify their building as single-family dwellings. This would include the right to replace a duplex with a duplex in the event of catastrophic damage to an existing structure. a. Specifically, The Community Equity Commission recommends that the board of aldermen consider amending sections 405.440 and 405.450 of the City Zoning Code relating to “non- conforming uses” so that currently existing two-family duplexes are specifically excluded from restrictions contained in those sections of the code.

Unit (ADUs) in all zoning documents.

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