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September 8, 2020 — Agenda

This is the City of Clayton Board of Aldermen agenda for the September 8, 2020 meeting (with excerpts that include material from an August 25, 2020 virtual meeting). It includes remote meeting access instructions, public comment procedures, consent/committee items and budget items (a resolution to approve the CRSWC FY2021 budget, an ordinance for the 3rd Quarter FY2020 budget amendment — Bill No. 6806 — and the FY2020 3rd Quarter Financial Report), and a discussion item about Clayton Community Foundation representation on the Community Equity Commission. The excerpts also show executive session authority under Missouri statutes for personnel, legal, real estate, contract negotiation and related topics; minutes from the August 25, 2020 meeting recording passage of Resolution No. 2020-11 (readopting a procedure to disclose potential conflicts of interest); and a Board discussion and motion items regarding lane-configuration options for the Forsyth Pointe development (including mention of Option A, traffic study issues, a $100,000 five-year escrow, parking impacts, and pedestrian/safety concerns).
Cited passage

Minutes

NOTE: In accord with the provisions of Section 610.015, RSMo., and multiple declarations of emergency at every level of government, and the prohibition of large gatherings due to the Coronavirus pandemic, normal requirements for voting in the Board meeting were suspended. Accordingly, votes were taken as if all Board members were physically present and in attendance at the meeting.

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

The following individuals were in attendance at the meeting by videoconferencing at all times unless otherwise noted.

Aldermen: Joanne Boulton, Rich Lintz, Ira Berkowitz, Bridget McAndrew, Susan Buse, Dan Sokol, and Mayor Michelle Harris

City Manager David Gipson City Attorney Kevin O’Keefe City Clerk June Frazier

The following members were absent: None

Motion made by Alderman Lintz to approve the August 11, 2020 minutes. Alderman Berkowitz seconded.

Motion to approve the minutes passed unanimously on a voice vote.

PUBLIC REQUESTS AND PETITIONS

Mayor Harris presented a Proclamation recognizing August 26, 2020 as “Centennial of the Nineteenth Amendment Ratification Day.”

A RESOLUTION TO APPROVE READOPTING PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST

Resolution – To approve the CRSWC FY2021 Budget. (Res. No. 2020-12)

2. Ordinance – To approve the 3rd Quarter FY2020 Budget amendment. (Bill No. 6806) • The City of Clayton reviews and adjusts its budgeted revenues and expenditures on a quarterly basis to respond to changes as the fiscal year progresses and to update the Board regarding budgetary issues.

3. FY2020 3rd Quarter Financial Report.

4. Discussion on Clayton Community Foundation (CCF) representation on the Community Equity (CEC) Commission. EXECUTIVE SESSION

1. Personnel (Pursuant to RSMo 610.021(3). Subject to a motion duly made in open session and a roll call vote pursuant to Section 610.022 the Board of Aldermen may also hold a closed meeting, with a closed vote and record for one or more of the reasons as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, negotiation of a contract pursuant to Section 610.021(12) RSMO., proprietary information pursuant to Section 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO.

Personnel (Pursuant to RSMo 610.021(3). Subject to a motion duly made in open session and a roll call vote pursuant to Section 610.022 the Board of Aldermen may also hold a closed meeting, with a closed vote and record for one or more of the reasons as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, negotiation of a contract pursuant to Section 610.021(12) RSMO., proprietary information pursuant to Section 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO.

2 Subject to a motion duly made in open session and a roll call vote pursuant to Section 610.022 the Board of Aldermen may also hold a closed meeting, with a closed vote and record for one or more of the reasons as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, negotiation of a contract pursuant to Section 610.021(12) RSMO., proprietary information pursuant to Section 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO.

3 THE CITY OF CLAYTON

Board of Aldermen Virtual Zoom Meeting August 25, 2020 7:00 p.m.

Minutes

A RESOLUTION TO APPROVE READOPTING PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST

City Manager Gipson reported in 1991, the Missouri General Assembly adopted the ethics/personal financial disclosure law, which affects municipalities with an annual operating budget in excess of $1 million. The ethics legislation allowed political subdivisions to establish their own method of disclosing potential conflicts of interest and substantial interests. Accordingly, pursuant to Section 105.485 of the Missouri Revised Statutes, on August 13, 1991, the City adopted by ordinance its own simplified personal financial disclosure requirements.

08-25-2020 BOA Minutes - DRAFT08-25-2020 BOA Minutes - DRAFT August 25, 2020 Page 1 of 3 4 In order to continue with the City’s own standards for disclosing interests Section 105.485.4, RSMo., requires the City to adopt an ordinance, order or resolution at an open meeting by September fifteenth biennially which establishes and makes public its own method of disclosing potential conflicts of interest and substantial interests.

Motion made by Alderman Boulton to approve Resolution No. 2020-11, readopting procedure to disclose potential conflicts of interest. Alderman Lintz seconded.

The motion passed unanimously on a voice vote.

MOTION TO CONSIDER SELECTING AN OPTION FOR THE FORSYTH POINT LANE CONFIGURATION

MOTION TO CONSIDER SELECTING AN OPTION FOR THE FORSYTH POINT LANE CONFIGURATION

City Manager Gipson reported that as a condition of the zoning approval of the Forsyth Pointe project, the developer and city have been working to finalize site plans which would include improvements to the existing right of way. The Board held a discussion during the June 23rd meeting where staff presented information from the traffic study and options for the lane configuration of Forsyth Boulevard. During the discussion, the Board requested that the staff explore additional options based on the comments/questions generated during that meeting.

Matt Malick, Director of Public Works, presented the Board with a presentation (included in the meeting packet) on the proposed options and to answer questions.

Steve Lichtenfeld, Chairman of the Clayton Plan Commission, addressed the Board noting that the Plan Commission has also reviewed the development plan and he expressed his support of Option A for the lane configuration.

Questions were raised by the Board of Aldermen regarding: - proposed “bump-out” design at Forsyth and Meramec Avenues - $100,000, five-year escrow fund - “queuing” in the traffic lanes causing back-up traffic for entrance/exiting the building - development project build-outs - loss of parking along Forsyth for retailers - loss of parking for business employees - traffic issues - make the infrastructure that needs to be completed during the build - maintain vibrancy in downtown - safety and protection for the pedestrian experience - enforcement of the 2.5 hour no parking “window”