Review submittal that shows adequate screening and buffering of the new garage/second unit from neighboring properties. Recommendation is to conduct a public hearing and consider approving the resolution granting a conditional use permit for a 712 square foot detached second living unit to Lizette Alvarez and Theodore Povinelli. Susan Istenes, Director of Planning and Development was in attendance to answer questions. The meeting paused at 7:46 p.m. due to Mayor Harris losing virtual connection to the meeting. The meeting reconvened at 7:50 p.m. – Mayor Harris rejoined (virtually) the meeting. Mike Killeen, applicant, and Taylor Huston, Project Manager, attended the meeting virtually to answer questions. In response to Alderman Berkowitz’ question, Taylor Huston, explained that the breezeway on the Harcourt side and acts as a privacy buffer to hide the pool view and they’ve also added landscaping in front of the breezeway. She confirmed that they sought a setback variance and was hoping to keep it t in-line with the edge of the existing home, but the variance was not granted therefore, they reassessed the asymmetry and work with the existing setbacks. Alderman Lintz commented that he was very impressed that the applicant had worked with his neighbors and engineer and came up with a plan that if the original plan doesn’t work, they had a Plan B which they would put in another drain. The Plan Commission approved it with the understanding that the City can require Plan B to take affect if it was determined that the first plan does not work.

Alderman Lintz commented that he was very impressed that the applicant had worked with his neighbors and engineer and came up with a plan that if the original plan doesn’t work, they had a Plan B which they would put in another drain. The Plan Commission approved it with the understanding that the City can require Plan B to take affect if it was determined that the first plan does not work. In response to Mayor Harris’ question regarding the issues (water runoff, location of bmps, drainage, construction maintenance activities, etc.) as outlined in a memorandum from Intuition & Logic that was included in the Plan Commission meeting packet, Taylor Huston stated that the issues outlined, probably in the staff report, have been forwarded on to the civil engineer to be addressed which they will resolve those issues to come into compliance prior to seeking permits. City Manager Gipson explained that this was all discussed at the Plan Commission meeting the previous night and does not believe there will be no issue in meeting the criteria. Lisa Barnes, citizen, expressed concern over the required deed restrictions. City Attorney O’Keefe explained that we record the conveyance restrictions which are directly related to the title of the property. The relationship of the occupants is a regulatory matter; the fact is that it cannot be “peeled” off as a separate real estate and cannot be used as the primary structure, but used only by a relative or an employee.

Alderman Linz introduced Bill No. 6842, to approve an alley vacation (Forsyth Pointe) to be read for the first time by title only. Alderman Berkowitz seconded. City Attorney reads Bill No. 6842, first reading, an Ordinance Vacating a Certain Alley Right-Of- Way Which was Previously Dedicated to the City of Clayton and is not Necessary for Right-Of- Way or for Travel by the Public 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. 6842 on the day of its introduction. Alderman Berkowitz seconded. The motion passed unanimously on a voice vote. Alderman Linz introduced Bill No. 6842, to approve an alley vacation (Forsyth Pointe) to be read for the second time by title only. Alderman Berkowitz seconded. City Attorney reads Bill No. 6842, second reading, an Ordinance Vacating a Certain Alley Right-Of-Way Which was Previously Dedicated to the City of Clayton and is not Necessary for Right-Of-Way or for Travel by the Public by title only. The motion passed on a roll call vote: Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Patel – Aye; and Mayor Harris – Aye. The bill, having

received majority approval was adopted and became Ordinance No. 6702 of the City of Clayton. AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO AND RESTATING THE NON- UNIFORMED EMPLOYEE’S RETIREMENT PLAN AND TRUST

City Manager Gipson reported that in late 2020, the City became aware of an issue in the Non- Uniformed Pension Plan. The Plan did not provide a spousal monthly benefit when an employee dies while still employed unless that employee had reached normal or early retirement eligibility. This situation had not occurred in staff recollection and the inclusion of this spousal benefit is common in most plans and is a benefit provided to employees in the Uniformed Pension Plan. After discussion of the issue, the Board directed staff to prepare an amendment to the plan to incorporate a change for that benefit. Staff worked with the City pension attorney, Dannae Delano with the Wagner Group, to draft this change. Staff also determined that the Plan had not undergone a full review for legal and tax changes in many years and asked Ms. Delano to review the full plan for that purpose. The result of that review is a new restatement of the Plan. Janet Watson, Director of Finance and Administration, was in attendance (virtually) to answer questions. Alderman Lintz introduced Bill No. 6843, to approve an amendment and the restatement of the Non-Uniformed Employees Retirement Fund Plan and Trust to be read for the first time by title only. Alderman Berkowitz seconded.