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minutes 2017-06-13 City meeting records #q85537868 Open original ↗

June 13, 2017 — Meeting Minutes

This document is the City of Clayton Board of Aldermen minutes for the June 13, 2017 meeting. It records roll call, a proclamation for Immigrant Heritage Month, a public hearing and proposed amendment to the Outdoor Dining zoning section to allow Fire Department–approved outdoor heaters on public property, financial updates for the General Fund (including a reported surplus rising from $284,702 to $341,839, General Fund sales tax down 4% year-over-year, and property tax receipts 7.5% higher for the first six months), and consideration and unanimous approval motions for ordinances and resolutions (including Bill No. 6614 approving a contract with St. Louis County for streetscape improvements and Resolution No. 17-13 authorizing a Transportation Alternatives Program application). The minutes also record appointments to boards and commissions, and a motion approving adjournment to a closed meeting under specified Revised Statutes of Missouri sections.
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06-13-17 BOA Minutes June 13, 2017 Page 3 of 7

Mayor Sanger closed the public hearing. Alderman Winings introduced Bill No. 6613, an ordinance amending Section 405.3990 of Article XXIX “Outdoor Dining” to be read for the first time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6613, an Ordinance Amending Chapter 405 (Zoning Regulations), Article XXIX “Outdoor Dining”, Section 405.3990 to allow Fire Department Approved Heaters in Outdoor Dining Areas that are Located on City/Public Property for the first time by title only. The motion passed on 6-Aye votes to 1-Nay (Alderman Berger) vote; second reading to be heard at the June 27, 2017 Board of Aldermen meeting. FY 2017 SECOND QUARTER FINANCIAL REPORT

Janet Watson provided the Board with the 2nd Quarter Financial Report for FY17. The report includes the quarterly budget amendment passed by the Board at the May 9th meeting. She reminded the Board that the report no longer includes the pension funds since they are no longer considered budgeted funds. Therefore, this makes the report more comparable as it is less likely to have wide variances based on market returns. We started this year with a surplus of $284,702 and with the last budget amendment the surplus has increased to $341,839. The General Fund sales tax is 4% lower than at this time last year.

The heaters would be treated the same as tables, chairs, and any other things that are part of the outdoor dining permit process. He confirmed that the restaurant has to make sure that the sidewalk is clear or they risk jeopardizing their permit. Enforcement is much easier during normal business hours and the police department helps the city respond to any and all complaints. Any violations are followed up by staff. Alderman Berkowitz stated that he has the same issue as Alderman Berger and that the staff report is stating that this may create an issue for handicap access to the sidewalks and for him that would be a problem. Alderman Lintz clarified that there is no change to the ordinance; the question is whether or not to include heaters in the existing ordinance. If the Board is questioning the ordinance as it’s written than that is a different issue than what is before the Board tonight. Alderman Boulton added that the amendment is to add outdoor heaters in the dining area when it is already allowed and tables and chairs can migrate into the right-of-way which could block the path. This is a continual issue and restaurateurs are reminded on a regular basis (e.g.

Alderman Boulton added that the amendment is to add outdoor heaters in the dining area when it is already allowed and tables and chairs can migrate into the right-of-way which could block the path. This is a continual issue and restaurateurs are reminded on a regular basis (e.g. Kaldi’s)

In response to Alderman Berkowitz’ concerns with regard to the staff report, City Manager Owens explained that some of the staff reports can include unintended consequences of what some of the downsides might be, but he would not overplay this to say that this is going to be an incredibly different situation than what it is currently. Staff would not make a recommendation if they thought that this would put a new perilous encumbrance to what we are required to enforce under the ADA. Alderman Winings stated that the challenge is, noted in the staff report, already exists today and could be said of chairs and tables, which the heaters could be one more item that could potentially be an obstruction in the right-of-way. Alderman Boulton said that the down side of not allowing heaters is that it lowers the retailer’s income during a particular day and season; therefore putting ourselves at a competitive disadvantage by not allowing. Sasha’s compared their sales at their three locations on a given cool spring evening and found the revenue from the Clayton store was substantially lower then their other two locations.

We started this year with a surplus of $284,702 and with the last budget amendment the surplus has increased to $341,839. The General Fund sales tax is 4% lower than at this time last year. It is still early in the fiscal year to establish a trend pattern but we will monitor this revenue to analyze continuing trends and will report this information to you, as well as any necessary budget adjustments. In the last couple of years, the sales tax revenue has been both up and down. The majority of property tax distributions have now been received and we are showing receipts as 7.5% higher than during the first six months of the last fiscal year. This is due to a CPI allowing for 2% growth, and on the calendar 2016 tax rates we chose to recoup funds lost in the prior year. We will continue to monitor this revenue very closely. Parking revenue has begun to rise with the implementation of new rates and fine amounts. The increases are partially offset with increased system costs for the much enhanced technology abilities. AN ORDINANCE TO CONSIDER A CONTRACT BETWEEN ST. LOUIS COUNTY AND THE CITY OF CLAYTON FOR THE USE & MAINENANCE OF ST.

AN ORDINANCE TO CONSIDER A CONTRACT BETWEEN ST. LOUIS COUNTY AND THE CITY OF CLAYTON FOR THE USE & MAINENANCE OF ST. LOUIS COUNTY RIGHT-OF- WAY ALONG HANLEY ROAD FOR THE PURPOSE OF INSTALLING AND MAINTAINING DOWNTOWN CLAYTON STREETSCAPE IMPROVEMENTS AS PART OF THE SCOTT TRIANGLE PARK PROJECT

City Manager Owens reported that as part of the Scott Triangle Park project approval, the sidewalk adjacent to the development is to be improved to the Downtown Clayton Streetscape Standards. This sidewalk is along the east side of Hanley Road between Bonhomme Avenue & Forest Park Parkway. This stretch of sidewalk resides within St. Louis County right-of-way and is under the County’s jurisdiction. To install the Downtown Clayton Streetscape Improvements in the County right-of-way requires a contract between the County and City to establish use and maintenance of said sidewalk.

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