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November 13, 2018 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held November 13, 2018. The excerpts cover procedural actions (motions, roll-call votes, and ordinance adoptions), agenda items and public hearing material. Specific items recorded in the excerpts include: a motion to adjourn to closed session under multiple RSMo. sections (motion passed 6–1 on roll call), denial of an appeal of the Architectural Review Board’s decision (motion passed unanimously), approval of a liquor license for Virago, LLC d/b/a Lemon Shark Poke (unanimous), adoption of the 2019 Board meeting schedule (unanimous), introduction and same-day adoption of Bill No. 6697 amending the traffic code regarding autocycles (adopted as Ordinance No. 6562, unanimous roll call), and a public hearing and consideration of repealing/replacing prior ordinances to amend Centene Clayton Campus subdistrict plans to add a pedestrian bridge (discussion notes and a recusal by Alderman Winings at 7:20 p.m.).
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11-13-18 BOA Minutes November 13, 2018 Page 1 of 8

Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition

THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue November 13, 2018 6:40 p.m.

Motion was made by Alderman McAndrew that the Board adjourn to a closed meeting, with a closed vote and record, as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, and to discuss matters related to negotiation of a contract pursuant to Section 610.021(12), RSMo. and/or proprietary information pursuant to Sec. 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO. Alderman Winings seconded the motion.

Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew, and Mayor Sanger – Aye.

Alderman Winings seconded the motion. Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew, and Mayor Sanger – Aye.

11-13-18 BOA Minutes November 13, 2018 Page 2 of 8

Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition

THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue November 13, 2018 7:00 p.m.

Minutes

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

Aldermen: Mark Winings, Joanne Boulton, Rich Lintz, Ira Berkowitz, Michelle Harris, and Bridget McAndrew.

Mayor Sanger City Manager Owens City Attorney O’Keefe

Motion made by Alderman Lintz to approve the October 23, 2018 minutes. Alderman Boulton seconded.

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

PUBLIC REQUESTS AND PETITIONS

None

AWARDS & RECOGNITIONS

City Manager Owens announced that the City has received (23 consecutive years) the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for FY2017.

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT WITH THE GATHERING FOR THE PURCHASE OF PROPERTY LOCATED AT 7811 MARYLAND AVENUE

City Manager Owens reported that the first reading of this was held on October 23, 2018 and tonight is the second reading of the ordinance. It is a small home set between the site of the new library and the Gathering. It is our understanding that this was previously the home for the pastor of the church. The listed price for this property is $450,000 and the City has negotiated with the property owners to purchase the property for $340,000. It is anticipated that the City can close on this property on or about November 15, 2018. Alderman Winings introduced Bill No. 6696, an ordinance to approve a contract to purchase property at 7811 Maryland Avenue to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe read Bill No. 6696, second reading, an Ordinance Authorizing the Purchase of Property Located at 7811 Maryland Avenue in Clayton, Missouri.

The motion passed (6-1) on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Nay; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew – Aye; and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6561 of the City of Clayton.

The motion passed (6-1) on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Nay; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew – Aye; and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6561 of the City of Clayton.

11-13-18 BOA Minutes November 13, 2018 Page 3 of 8

Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition

MOTION - APPEAL ARCHITECTURAL REVIEW BOARD’S DECISION REGARDING TWO EXTERIOR BUILDING SIGNS AT 100 SOUTH BRENTWOOD BOULEVARD

City Attorney O’Keefe reported that he has circulated among the Board for its consideration the draft findings and conclusions for disposition of the appeal.

Motion made by Alderman Winings to deny the appeal and adopt the draft findings (attached) circulated by the City Attorney on November 12. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

A MOTION TO CONSIDER APPROVING A LIQUOR LICENSE FOR VIRAGO, LLC D.B.A. LEMON SHARK POKE AT 33 N. CENTRAL AVENUE

City Manager Owens reported that Virago, LLC d.b.a. Lemon Shark Poke is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 33 N. Central Avenue.

Jeff Pernikoff, owner, addressed the Board to answer any questions.

Motion made by Alderman Winings to approve a liquor license for Virago, LLC d/b/a Lemon Shark Poke at 33 N. Central Avenue. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

A MOTION TO CONSIDER APPROVING THE YEAR 2019 BOARD OF ALDERMEN MEETING SCHEDULE

City Clerk Frazier noted that there was a new memo at each dais that included revised dates for December

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