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minutes 2018-12-11 City meeting records #qa7943d15 Open original ↗

December 11, 2018 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held December 11, 2018. It records attendance, approval of prior minutes, public requests (including presentation by the Mayor’s Youth Advisory Council and a Fraternal Order of Police representative speaking about union recognition), and consideration of agenda items such as an intergovernmental agreement with Brentwood for a dog park, a Waiver/Assignment and Assumption Agreement related to the Daniele Community Improvement District (Bill No. 6704), and an amendment to the Right‑Of‑Way Usage Code concerning small cell wireless facilities (Bill No. 6706). The excerpts show motions to introduce and give unanimous consent for immediate consideration of Bills 6704 and 6706, and Bill No. 6706 was adopted on a roll call vote with all seven members recorded as “Aye.”
Cited passage

Alderman Winings introduced Bill No. 6705, an ordinance to approve imposing the use tax to be read for the first time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6705, first reading, an Ordinance of the City of Clayton, Missouri, Levying a Use Tax at the Same Rate as the Local Sales Tax of the City of Clayton, Missouri by title only. The motion passed unanimously on a voice vote. Motion made by Alderman Winings that the Board give unanimous consent to consideration for adoption of Bill No. 6705 on the day of its introduction. Alderman Boulton seconded. The motion passed unanimously on a voice vote. Alderman Winings introduced Bill No. 6705, an ordinance to approve imposing the use tax to be read for the second time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6705, second reading, an Ordinance of the City of Clayton, Missouri, Levying a Use Tax at the Same Rate as the Local Sales Tax of the City of Clayton, Missouri by title only. The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; 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. 6570 of the City of Clayton.

Alderman Winings introduced Bill No. 6704, an ordinance to approve a Waiver Agreement, an Assignment, and Assumption Agreement for the Daniele Community Improvement District to be read for the second time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6704, second reading, An Ordinance of the City of Clayton, Missouri, Approving a Waiver and Agreement By and Among the City, the Daniele Community Improvement District and RBP Clayton LLC and An Assignment and

12-11-18 BOA Minutes December 11, 2018 Page 7 of 10

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

Assumption of Redevelopment Agreement by and Among the City, the Daniele Community Improvement District, RBP Clayton LLC and AVR Clayton Hotel LLC; Authorizing Certain Actions in Connection Therewith; and Containing a Severability Clause by title only. The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; 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. 6569 of the City of Clayton. AN ORDINANCE TO CONSIDER APPROVING THE IMPOSITION OF A USE TAX

City Manager Owens reported that on November 6, 2018, an election was held in the City of Clayton and a majority of the voters approved the imposition of a use tax. This tax will be a local use tax at the same rate as the local sales taxes of the City of Clayton. This tax will help level the economic playing field between local retail merchants and out-of-state vendors and the revenue received will support the provision of critical municipal services. Current estimates are that this tax authorization will likely generate approximately $215,000 in annual revenue. Alderman Winings introduced Bill No. 6705, an ordinance to approve imposing the use tax to be read for the first time by title only. Alderman Boulton seconded.

The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; 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. 6570 of the City of Clayton. AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO CHAPTER 510 THE RIGHT-OF-WAY USAGE CODE RELATED TO SMALL CELLS

City Manager Owens reported that City staff is requesting an amendment to Chapter 510 of the City Code of Ordinances to enact certain provisions related to small cells. The Missouri Legislature has enacted changes in related statutes regarding small cells (HB 19914 (2018).

12-11-18 BOA Minutes December 11, 2018 Page 8 of 10

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

Alderman Winings introduced Bill No. 6706, an ordinance to approve an amendment to the Right-Of-Way Usage Code as related to small cells to be read for the first time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6706, first reading an Ordinance Amending Chapter 510 of Title V of the Municipal Code by the Addition of a New Article and Provisions Regarding Right-Of-Way Usage and Certain Wireless Facilities by title only. The motion passed unanimously on a voice vote. Motion made by Alderman Winings that the Board give unanimous consent to consideration for adoption of Bill No. 6706 on the day of its introduction. Alderman Boulton seconded. The motion passed unanimously on a voice vote. Alderman Winings introduced Bill No. 6706, an ordinance to approve an amendment to the Right-Of-Way Usage Code as related to small cells to be read for the second time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6706, second reading an Ordinance Amending Chapter 510 of Title V of the Municipal Code by the Addition of a New Article and Provisions Regarding Right-Of-Way Usage and Certain Wireless Facilities by title only. The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew – Aye; and Mayor Sanger – Aye.

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