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December 13, 2022 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held December 13, 2022. It records roll call and attendance, public requests (none), a joint presentation by the Clayton Community Foundation, and multiple public hearings and ordinance/resolution actions. Specific actions recorded in the excerpts include approval of the November 8, 2022 minutes; adoption of Bill No. 6926 as Ordinance No. 6785 (amending zoning Article XXIX to allow temporary tents over outdoor dining); approval of Resolution No. 2022-27 granting a Conditional Use Permit for AKAR restaurant at 7641 Wydown Boulevard; adoption of Bill No. 6927 as Ordinance No. 6786 (amending the municipal prosecuting attorney designation); and adoption of Bill No. 6928 as Ordinance No. 6788 (amending Chapter 215 relating to weapons and firearms). The minutes also note motions, roll-call votes (all recorded as aye for those ordinances), and staff members present.
Cited passage

Alderman Berkowitz seconded. City Attorney O’Keefe reads Bill No. 6928, second reading, an Ordinance Amending Chapter 215 of the Clayton City Code Relating to Weapons and Firearms by title only.

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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. 6787 of the City of Clayton.

AN ORDINANCE TO CONSIDER AMENDING THE CLAYTON CITY CODE RELATING TO SUSPENSION AND DEBARMENT OF VENDORS

City Manager Gipson reported that the City of Clayton expends great effort to be sure that public money is expended efficiently, and that work performed meets the community’s ideals and standards. The Code of Ordinances does not currently have any provisions that prevent irresponsible or poorly performing vendors from bidding and contracting with the City for future projects and services. The attached ordinance contains provisions for the debarment or suspension of vendors and establishes the reasons, procedures, effects, and length of debarment of vendors.

David Berland, resident, inquired if debarment is lifetime or temporary.

City Manager Gipson explained that depending on the issue the debarment could be evaluated/reconsidered at some point.

Alderman Lintz introduced Bill No. 6929, to approve an amendment to Chapter 100 related to suspension and debarment of vendors to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6929, first reading, an Ordinance Amending Chapter 100 of the Clayton City Code Relating to Suspension and Debarment of Vendors 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. 6929 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6929, to approve an amendment to Chapter 100 related to suspension and debarment of vendors to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6929, second reading, an Ordinance Amending Chapter 100 of the Clayton City Code Relating to Suspension and Debarment of Vendors 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. 6788 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING AN AGREEMENT WITH WASHINGTON UNIVERSITY FOR THE PROVISION OF FIRE PREVENTION, FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES ON THE DANFORTH CAMPUS

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

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A PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR 8001 FORSYTH BOULEVARD RESTAURANT TO BE KNOWN AS FIRST WATCH

Mayor Harris opened the public hearing and requested proof of publication.

City Manager Gipson reported that this is a public hearing to consider an application for a Conditional Use Permit submitted by Emily Roberts of Consolidated Development Services on behalf of First Watch Restaurants, Inc., d/b/a First Watch, to allow for the operation of a 4,802 square foot restaurant with an outdoor dining area.

Mayor Harris closed the public hearing.

Motion made by Alderman Lintz to approve Resolution No. 2022-28, granting a Conditional Use Permit for First Watch Restaurant located at 8001 Forsyth Boulevard. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER AMENDING THE CLAYTON CITY CODE REGARDING THE OFFICE OF MUNICIPAL PROSECUTING ATTORNEY

City Manager Gipson reported that the current ordinance relative to the designation of a Prosecuting Attorney states that “The City Attorney shall designate one (1) assistant City Attorney as prosecutor who shall represent the City and prosecute all cases in the Municipal Court and perform such other services as requested by the City Attorney.”

The Clayton Charter states that “The board of aldermen shall provide by ordinance for such assistant city attorneys as it may deem necessary, who shall be appointed, and may be removed, by the city attorney with the approval of the Board of Aldermen.”

The Board of Aldermen believes that creating a separate office with responsibility for enforcement of city ordinances and prosecution of ordinance violations under the City Manager will better align this important municipal function with the values of the city and more clearly delineate organizational responsibility and oversight for that activity.

The proposed ordinance would amend the Prosecutor designation process to state that the Prosecuting Attorney shall be appointed, and may be removed, by the City Manager with the consent of the Board of Aldermen. This action would consequently shift oversight of the position from the City Attorney to the City Manager.

Alderman Lintz introduced Bill No. 6927, to approve an amendment to Chapter 110 enacting a new Section 110.060-Designating a Prosecutor to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6927, first reading, an Ordinance Amending the Clayton City Code Regarding the Office of Municipal Prosecuting Attorney 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. 6927 on the day of its introduction. Alderman Berkowitz seconded.

Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6927 on the day of its introduction. Alderman Berkowitz seconded.

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The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6927, to approve an amendment to Chapter 110 enacting a new Section 110.060-Designating a Prosecutor to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6927, second reading, an Ordinance Amending the Clayton City Code Regarding the Office of Municipal Prosecuting Attorney 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. 6786 of the City of Clayton.

AN ORDINANCE TO CONSIDER AMENDING THE CLAYTON CITY CODE RELATING TO WEAPONS AND FIREARMS

City Manager Gipson reported that the City of Clayton recognizes the increasing rate of gun violence in the United States. The State of Missouri prohibits municipalities from enacting firearm legislation outside the strict and limited scope permitted by the General Assembly. The Board of Aldermen has expressed a strong desire to update the City’s firearm regulations and enforce every measure available to reduce or prevent gun violence.

The proposed ordinance updates the City’s firearms regulations to conform with Missouri law and adds a provision to the Code of Ordinances prohibiting the open carry of a firearm or similar deadly weapon without a valid carry concealed firearms license. This provision would not apply to state, county, or municipal peace officers.

Alderman Lintz introduced Bill No. 6928, to approve an amendment to Chapter 215 related to weapons and firearms to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6928, first reading, an Ordinance Amending Chapter 215 of the Clayton City Code Relating to Weapons and Firearms 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. 6928 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6928, to approve an amendment to Chapter 215 related to weapons and firearms to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6928, second reading, an Ordinance Amending Chapter 215 of the Clayton City Code Relating to Weapons and Firearms by title only.

The bill, having received majority approval was adopted and became Ordinance No. 6788 of the City of Clayton. AN ORDINANCE TO CONSIDER APPROVING AN AGREEMENT WITH WASHINGTON UNIVERSITY FOR THE PROVISION OF FIRE PREVENTION, FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES ON THE DANFORTH CAMPUS

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City Manager Gipson reported that for several years, the City of Clayton has provided Washington University with Fire Prevention, Fire Protection and Emergency Medical Services at their hilltop campus (main campus). Since 1992 the City and University have maintained these services through various written agreements. Our current agreement expires on December 31, 2022, and both parties have expressed the desire to continue this arrangement--to that end an amendment to the current agreement has been negotiated.

Alderman Lintz introduced Bill No. 6930, to approve an agreement with Washington University for Fire Prevention, Fire Protection, and Emergency Medical Services on the Danforth Campus to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6930, first reading, an Ordinance to Repeal Ordinance No. 6458 and Put a New Ordinance in Place Which Authorizes the City Manager to Enter into an Agreement with Washington University for the Provision of Fire Prevention, Fire Protection and Ambulance Services to the Portion of the Danforth Campus Located in Unincorporated St. Louis County 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. 6930 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6930, to approve an agreement with Washington University for Fire Prevention, Fire Protection, and Emergency Medical Services on the Danforth Campus to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6930, second reading, an Ordinance to Repeal Ordinance No. 6458 and Put a New Ordinance in Place Which Authorizes the City Manager to Enter into an Agreement with Washington University for the Provision of Fire Prevention, Fire Protection and Ambulance Services to the Portion of the Danforth Campus Located in Unincorporated St. Louis County 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. 6789 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING AN AGREEMENT WITH ST. LOUIS COUNTY FOR PLACEMENT OF LICENSE PLATE RECOGNITION CAMERAS

City Manager Gipson reported that since August 2021, the Clayton Police Department has utilized fixed license plate recognition (LPR) cameras to solve and reduce crime. The LPR cameras send real-time alerts to our police officers when a stolen vehicle is detected. The LPR cameras will also notify our officers if a vehicle is associated with a missing person in an AMBER or Silver Alert.

LPR cameras help law enforcement by providing objective evidence needed for investigations. The LPR cameras photograph license plates and vehicle characteristics, not people or faces.

LPR cameras help law enforcement by providing objective evidence needed for investigations. The LPR cameras photograph license plates and vehicle characteristics, not people or faces.

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Each search of the LPR database requires a justification, and the data is never sold or shared with third parties.

The cameras are used to solve and reduce property and violent crime. They are not intended for traffic or parking violations.

The City of Clayton utilizes Flock Safety LPR cameras. These cameras are currently installed in the City right of way or in areas maintained by private entities. Through analysis of crime reports, the Police Department has determined that installation of an LPR camera on the 6400 block of Clayton Rd, in the County’s right of way, would be a strategic location for the prevention and investigation of crimes involving vehicles. Other locations maintained by St. Louis County are currently being evaluated for placement of LPR cameras.

The proposed ordinance authorizes the City of Clayton to enter into an agreement with St. Louis County for the installation, operation, and maintenance of license plate recognition cameras within St. Louis County’s maintained right of way.

Alderman Lintz introduced Bill No. 6931, to approve an agreement with St. Louis County for placement of License Plate Recognition to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6931, first reading, an Ordinance Approving an Agreement with St. Louis County for Placement of License Plate Recognition Cameras 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. 6931 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6931, to approve an agreement with St. Louis County for placement of License Plate Recognition to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6931, first reading, an Ordinance Approving an Agreement with St. Louis County for Placement of License Plate Recognition Cameras 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. 6790 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO THE LEASE BETWEEN THE CITY AND THE CLAYTON EARLY CHILDHOOD CENTER

City Manager Gipson reported that in 2013, the City of Clayton (City) entered into a lease with the Clayton Early Childhood Center (CECC). As a successor to the original tenant, the CECC Board of Directors and the City were cautious and entered into a relatively short-term (five

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