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minutes 2021-06-08 City meeting records #q75b84e12 Open original ↗

June 8, 2021 — Meeting Minutes

This is the City of Clayton Board of Aldermen minutes from the June 8, 2021 virtual meeting. The excerpts record roll call attendance, approval of the May 25, 2021 minutes, a public hearing and ordinance consideration for a subdivision plat consolidating multiple lots at 8027 Forsyth Boulevard, action granting a conditional use permit for 12 Hillvale Drive, introduction and adoption of ordinances including an alley vacation for the Forsyth Pointe development and an intergovernmental agreement (Ordinance No. 6704) to provide technology services to Richmond Heights, and discussion of an amendment to the municipal code on mobile food vending. The minutes note motions, seconds, unanimous voice votes, a roll-call vote adopting Bill No. 6844 as Ordinance No. 6704, and the meeting adjournment at 8:22 p.m.
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2. The applicant shall submit a detailed landscape plan at the time of a Site Plan/Architectural

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

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.

Alise Ellebrecht, neighbor, addressed the Board stating that she contested the project two years ago commenting that the breezeway reminds her of a cheap motel and that the house is “monstrous” and not the goal for the Clavarach Park neighborhood. Mayor Harris closed the public hearing. Motion made by Alderman Lintz to approve Resolution No. 2021-09, granting a Conditional Use Permit for 12 Hillvale Drive. Alderman Berkowitz asked how many other conditional use permits are located within Clavarach Park. Susan Istenes stated that she is not aware of any and would research his question. Alderman Berkowitz seconded. The motion passed unanimously on a voice vote. AN ORDINANCE TO CONSIDER APPROVING VACATING A PORTION OF A PUBLIC ALLEY

City Manager Gipson reported that within the block bounded by Brentwood Boulevard (on the west), Meramec Avenue (on the east), Forsyth Boulevard (on the south) and Maryland Avenue (on the north), there are two public alleys. One alley runs east to west from Meramec Avenue to Brentwood Boulevard. The second alley runs north to south from Maryland Avenue to Forsyth Boulevard. As a result of tonight’s previous Board’s approval of the consolidation plat for the Forsyth Pointe development a portion of the north-south alley will no longer be necessary. Therefore, staff is recommending that the southern portion of the north-south alley be vacated. 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.

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.

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. City Attorney O’Keefe reads Bill No. 6843, first reading, an Ordinance Approving a Restatement of the Non-Uniformed Employees' Pension Plan for the City of Clayton, Missouri 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. 6843 on the day of its introduction. Alderman Berkowitz seconded. The motion passed unanimously on a voice vote. 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 second time by title only. Alderman Berkowitz seconded. City Attorney O’Keefe reads Bill No. 6843, second reading, an Ordinance Approving a Restatement of the Non-Uniformed Employees' Pension Plan for the City of Clayton, Missouri 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. 6703 of the City of Clayton. AN ORDINANCE TO CONSIDER AUTHORIZING THE CITY MANAGER TO RENEW AN INTERGOVERNMENTAL AGREEMENT TO PROVIDE TECHNOLOGY SERVICES TO THE CITY OF RICHMOND HEIGHTS

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