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August 27, 2024 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held August 27, 2024. It records attendance, public requests (none), approval of the consent agenda by roll call, and discussions and actions on items including a proposed three-year contract with Midwest Pool Management for aquatic facility management, amendments to the municipal traffic code to modify on-street parking on West Biltmore Drive (Bill No. 7039 adopted as Ordinance No. 6898 by roll call vote), and consideration of a Tenant Bill of Rights resolution (Resolution No. 2024-13, motion to table passed). The minutes also note readings of several bills by title, public comments on agenda items, and that votes on motions and ordinances were recorded (unanimous voice votes or roll call as shown).
Cited passage
3. Boards and Commissions appointment.

Alderman McAndrew introduced Bill No. 7037, approving a contract with Midwest Pool Management LTD for Aquatic Facility Management Services to be read for the first time by title only. Alderman Buse seconded.

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City Attorney O’Keefe reads Bill No. 7037, first reading, an ordinance approving a Contract with Midwest Pool Management, LTD, for Aquatic Management Services for the City of Clayton by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman McAndrew moves that the Board give unanimous consent to consideration for adoption of Bill No. 7037 on the day of its introduction. Alderman Buse seconded.

The motion passed unanimously on a voice vote.

Alderman McAndrew introduced Bill No. 7037, approving a contract with Midwest Pool Management LTD for Aquatic Facility Management Services to be read for the second time by title only. Alderman Buse seconded.

City Attorney O’Keefe reads Bill No. 7037, second reading, an ordinance approving a Contract with Midwest Pool Management, LTD, for Aquatic Management Services for the City of Clayton by title only.

The motion passed on a roll call vote: Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; Alderman Yorg – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6897 of the City of Clayton.

AN ORDINANCE AMENDING SECTION 215.765 TO MODIFY THE ALLOWABLE HOURS OF USAGE FOR MOTOR-DRIVEN OUTDOOR MAINTENANCE EQUIPMENT

City Manager Gipson reported that the Board of Aldermen discussed leaf blowers and gas- powered lawn equipment on April 19, 2024, and July 19, 2024. The Board of Aldermen expressed a desire to further restrict the permitted hours for contracted lawn maintenance using gas-powered equipment. The attached ordinance would reduce the permitted hours for the operation of motor-driven outdoor equipment on weekdays for contractors from 7:00 AM to 8:00 PM as currently allowed, to 7:00 AM to 6:00 PM. Residents maintaining their own property would still be permitted to use such equipment until 8:00 PM. Motion made by Alderman Hummell to amend Bill No. 7038, to include an effective date of November 1, 2024. Alderman Buse seconded.

The motion passed on a voice vote.

Alderman McAndrew introduced Bill No. 7038, as amended, approving an amendment to Section 215.765 to modify the allowable hours of usage for motor- driven outdoor maintenance equipment to be read for the first time by title only. Alderman Buse seconded.

City Attorney O’Keefe reads Bill No. 7038, first reading, an Ordinance Amending Section 215.765 to Modify the Allowable Hours of Usage for Motor-Driven Outdoor Maintenance Equipment by title only.

The motion passed unanimously on a voice vote.

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THE CITY OF CLAYTON

Board of Aldermen In-Person and Virtual Meeting August 27, 2024 7:06 p.m.

MINUTES

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

In-person: Bridget McAndrew, Susan Buse, Becky Patel, Gary Feder, Rick Hummell, Jeff Yorg, and Mayor Michelle Harris.

Staff: City Manager Gipson, City Attorney O’Keefe, City Clerk Frazier

PUBLIC REQUESTS AND PETITIONS

None

CONSENT AGENDA

Motion made by Alderman McAndrew to approve the Consent Agenda. Alderman Buse seconded.

The motion passed on a roll call vote: Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; Alderman Yorg – Aye; and Mayor Harris – Aye.

AN ORDINANCE FOR A CONTRACT WITH MIDWEST POOL MANAGEMENT LTD. FOR AQUATIC FACILITY MANAGEMENT SERVICES

City Manager Gipson reported the Parks and Recreation Department issued a Request for Proposals for Aquatic Facility Management Services for Shaw Park Aquatic Center and the Center of Clayton on June 18, 2024. The current contract with Midwest Pool Management (MPM) runs through September 30, 2024, and, while we have been happy with their services, it has been three years since these services were publicly bid.

Three proposals were received in response to the RFP. One was from the current service provider, Midwest Pool Management (MPM), and two others were from companies located in Georgia and Florida (USA Management and The Sports Facilities Companies). Upon extensive review of the proposals, staff is recommending that the City enter into a three-year contract with MPM as the most responsive bidder. Toni Siering, Director of Parks and Recreation addressed the Board to answer questions. Alderman McAndrew introduced Bill No. 7037, approving a contract with Midwest Pool Management LTD for Aquatic Facility Management Services to be read for the first time by title only. Alderman Buse seconded.

City Attorney O’Keefe reads Bill No. 7038, first reading, an Ordinance Amending Section 215.765 to Modify the Allowable Hours of Usage for Motor-Driven Outdoor Maintenance Equipment by title only. The motion passed unanimously on a voice vote.

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City Manager Gipson added that staff will send out notices informing the constituents that the issue is being considered. Notice will be available to neighborhood trustees and included in the ClaytonConnection.

ORDINANCE – MODIFICATION TO THE MUNICIPAL TRAFFIC CODE RELATED TO ON- STREET PARKING ON WEST BILTMORE DRIVE

City Manager Gipson reported that staff recently conducted on audit of the City’s residential parking zones. During this audit, it was determined that some ordinances did not match current needs and usage. Specifically, the section of West Biltmore Drive between 925 S. Hanley Road and 7701 Clayton Road. This section of West Biltmore Drive is currently serving the parking needs of the condominiums at 925 S. Hanley Road and the law offices at 7701 Clayton Road.

The area is currently signed as unrestricted parking. However, during the audit of residential Parking zones it was discovered that the area is included in Table III-M of Schedule III, Parking Restrictions within the Clayton Traffic Code. This table restricts parking to residents only except for Sundays between 8:00 A.M. and 1:00 P.M. In addition, the residents of 925 S. Hanley Road have not historically been issued residential parking stickers, which allows them to park in the Davis Place neighborhood. Staff has since authorized the issuance of stickers to these residents since they are adjacent to the residential zone, as defined in the Code of Ordinances.

Staff recommends amending Table III-M to exclude this section of West Biltmore Drive to continue to serve the needs of the area.

Todd Nissenholtz, Cofman Townsley, owner of 7701 Clayton Road, addressed the Board expressing his support for the proposed change.

Kim Lipsey(?), 925 S. Hanley, President, Davis Place Association, addressed the Board in support of the proposed ordinance. She requested information on the parking stickers for residents.

Gary Carter, Director of Economic Development, addressed the Board to answer questions.

Alderman McAndrew introduces Bill No. 7039, approving a modification to the Municipal Traffic Code Related to on-street parking on West Biltmore Drive to be read for the first time by title only. Alderman Buse seconded.

City Attorney O’Keefe reads Bill No. 7039, first reading, an Ordinance Approving Changes to the Traffic Code to Codify Existing On-Street Parking Conditions on West Biltmore Drive by title only.

The motion passed unanimously on a voice vote.

Alderman McAndrew moves that the Board give unanimous consent to consideration for adoption of Bill No. 7039 on the day of its introduction. Alderman Buse seconded.

The motion passed unanimously on a voice vote.

Alderman McAndrew introduces Bill No. 7039, approving a modification to the Municipal Traffic Code Related to on-street parking on West Biltmore Drive to be read for the second time by title only. Alderman Buse seconded.

Alderman McAndrew introduces Bill No. 7039, approving a modification to the Municipal Traffic Code Related to on-street parking on West Biltmore Drive to be read for the second time by title only. Alderman Buse seconded.

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City Attorney O’Keefe reads Bill No. 7039, second reading, an Ordinance Approving Changes to the Traffic Code to Codify Existing On-Street Parking Conditions on West Biltmore Drive by title only.

The motion passed on a roll call vote: Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; Alderman Yorg – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6898 of the City of Clayton.

A RESOLUTION ESTABLISHING A TENANT BILL OF RIGHTS

City Manager Gipson reported that the Board of Aldermen discussed the establishment of a Tenant Bill of Rights on two prior occasions. The proposed resolution contains all changes and revisions requested by the Board of Aldermen during those discussions. The Tenant Bill of Rights does not create any new regulations but is rather a compilation of existing provisions related to fair housing and housing standards contained within Federal, State and Local laws. Barb Nauert, owner/landlord, 6607 Clayton Road, addressed the Board (virtually) regarding concerns over the issues with USPS delayed mail and the timely receipt of notifications of violations; the responsibility repair issues.

Linda Auburn, owner/landlord, 6607 Clayton Road, addressed the Board (virtually) inquiring as to who would determine what are reasonable modifications, even if it is at the expense of the person with a disability - the disabled person or the landlord. does the prospective tenant or landlord determine the contractor for the modifications and restorations

City Manager Gipson explained that the language is verbatim from Missouri State Statute and the City does not have the authority to change it. He encouraged Ms. Auburn to contact a local authority i.e. Equal Housing Opportunity Council to get information.

Anna Krane, Director of Planning, addressed the Board to answer questions.

Motion made by Alderman Patel to table Resolution No. 2024-13, establishing a Tenant Bill of Rights. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

METROPOLITAN ST. LOUIS SEWER DISTRICT (MSD) OPERATION MAINTENANCE CONSTRUCTION IMPROVEMENT (OMCI) PROGRAM

City Manager Gipson reported that on June 23, 2024, MSD Executive Director, Brian Holscher, presented information to the Clayton Board of Aldermen regarding the passage of Prop S, the impact to existing Operation Maintenance Construction Improvement (OMCI) Districts, and a proposal brought forward by some communities to continue to fund the OMCI’s.

The existing OMCI Districts allow up to 50% of collected funds to be available as grants to communities for stormwater projects in those districts. The available funds varied per community and were based on taxes collected. Under Prop S a similar grant program will still exist, but the amounts are not based on population. This results in lower available grant funds for some communities, including Clayton. Since the OMCI tax is a rate that is adjustable annually by MSD, a proposal has come forward from other communities to set the OMCI rate at

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