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April 12, 2016 — Meeting Minutes

These are the City of Clayton Board of Aldermen meeting minutes for April 12, 2016. The excerpts record attendance and procedural matters, a public hearing and discussion about amending a restaurant’s Conditional Use Permit to allow limited outdoor music and patio seating, proposed amendments to the liquor code and municipal code language, and the introduction, unanimous consent for immediate consideration, and unanimous vote adopting Bill No. 6549 (becoming Ordinance No. 6421) amending Chapter 215 on weapons/offenses. The minutes also note approval of the March 29, 2016 minutes.
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Alderman Garnholz introduced Bill No. 6549, an ordinance to approve an amendment to Chapter 215- Offenses, Weapons, Carrying Concealed and Other Unlawful Uses to be read for the first time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6549, an Ordinance Amending Chapter 215 of the Code of Ordinances of the City of Clayton, Missouri, Relating to Offenses Concerning Weapons and Firearms for the first time by title only. The motion passed unanimously on a voice vote. Alderman Garnholz moved that the Board give unanimous consent to consideration for adoption of Bill No. 6549 on the day of its introduction. Alderman Winings seconded. The motion passed unanimously on a voice vote. Alderman Garnholz introduced Bill No. 6549, an ordinance to approve an amendment to Chapter 215- Offenses, Weapons, Carrying Concealed and Other Unlawful Uses to be read for the first time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6549, an Ordinance Amending Chapter 215 of the Code of Ordinances of the City of Clayton, Missouri, Relating to Offenses Concerning Weapons and Firearms for the first time by title only. Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6421 of the City of Clayton.

Alderman Winings seconded. The motion passed unanimously on a voice vote. Alderman Garnholz introduced Bill No. 6548, an ordinance to approve an amendment to the City Liquor Code related to licenses and licensees to be read for the second time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6548, an Ordinance Amending Chapter 600 of the Clayton City Code Relating to Liquor Licenses and Licensees for the second time by title only. Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6420 of the City of Clayton. AN ORDINANCE TO CONSIDER A REVISION TO CHAPTER 215, OFFENSES

City Manager Owens reported as best practice and to keep the City up-to-date, staff periodically reviews the City’s Code of Ordinances. Upon review of Chapter 215, the proposed ordinance would update the Code to

04-12-16 BOA Minutes April 12, 2016 Page 7 of 9 enumerate the circumstances in which a person commits the offense of unlawful use of a weapon and the requirements of lawful concealed carry in accordance with legislation enacted in the State of Missouri, effective August 28, 2015. A red-lined version detailing the changes is attached. Recommendation is to approve the amendment. In response to Alderman Boulton’s question, Alderman Winings pointed out that the definition of a spring gun was included in the ordinance and reads as follows, Spring Gun - Any fused, timed or non-manually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.’

In response to Alderman Boulton’s question, City Attorney O’Keefe explained that State law requires that municipal ordinances dealing with weapons and ammunition comply exactly with State law and anything that is not consistent with State law is pre-empted. Over the last few years, since we last looked at our ordinance the Missouri General Assembly has been vigorous and vigilant in its protection of the rights of people with respect to weapons and our ordinances have not kept pace. In response to Alderman Boulton’s question regarding a concealed knife, Chief Murphy confirmed that you cannot carry a blade if it’s over four inches. Alderman Garnholz introduced Bill No. 6549, an ordinance to approve an amendment to Chapter 215- Offenses, Weapons, Carrying Concealed and Other Unlawful Uses to be read for the first time by title only. Alderman Winings seconded.

Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6421 of the City of Clayton. A RESOLUTION TO CONSIDER APPROVING SUBMITTAL OF A HAZARDOUS MOVING VIOLATION ENFORCEMENT GRANT APPLICATION

City Manager Owens summarized that the next two resolutions are for submitting grant applications to MoDOT.

04-12-16 BOA Minutes April 12, 2016 Page 8 of 9

Alderman Garnholz moved to approve Resolution No. 16-09, approving staff submittal of a Hazardous Moving Violation Enforcement grant application. Alderman Winings seconded. The motion passed unanimously on a voice vote. A RESOLUTION TO CONSIDER APPROVING SUBMITTAL OF A DRIVING WHILE INTOXICATED ENFORCEMENT GRANT APPLICATION

Alderman Garnholz moves to approve Resolution No. 16-10, approving staff submittal of a Driving While Intoxicated Enforcement grant application. Alderman Winings seconded. The motion passed unanimously on a voice vote. Other

Alderman Garnholz reported on the following:  Congratulations to Mayor Sanger on his re-election.  Job well done to City staff on a great Cardinals Home Opener event.  A “lil library” is now available at DeMun Park.  The Moorlands’ Neighborhood meeting is scheduled for April 13th at The Center.  The Wydown Forest Neighborhood meeting will be held next week.  The Vehicle Use Tax and MSD’s Propositions Y and S passed in the recent election.  The Municipal League is meeting tomorrow at Boeing Corporation and a tour of the facilities will be provided. Alderman Berkowitz reported on the following:  Thanks to City Manager and Gary Carter for the one-on-one sessions regarding economic development. Mayor Sanger also thanked staff for a great event – Cardinals Home Opener.

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