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minutes 2021-05-11 City meeting records #qa8bd2adc Open original ↗

May 11, 2021 — Meeting Minutes

This is the minutes of the City of Clayton Board of Aldermen virtual meeting held May 11, 2021. The excerpts record agenda items including approval of prior meeting minutes, upgrade of a liquor license for Clayton Wine House at 7911 Clayton Road, adoption of an ordinance (No. 6696) amending Section 215.765 to modify allowable hours for motor‑driven outdoor maintenance equipment, adoption of a FY2021 second quarter budget amendment (Ordinance No. 6697), appointment of Alderman Becky Patel to the Non‑Uniformed and Uniformed Employees’ Retirement Fund boards, and adoption of an ordinance calling a special election on August 3, 2021 to fill a Ward III alderman vacancy. Votes on the listed items passed unanimously or by recorded roll call (all listed aldermen and the mayor voting Aye where recorded).
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05-11-2021 BOA Minutes May 11, 2021 Page 3 of 6

Alderman Lintz introduced Bill No. 6836.1 to approve an amendment to Section 215.765 modifying the allowable hours of usage for motor-driven outdoor maintenance equipment to be read for the second time by title only. Alderman Berkowitz seconded. Alderman Berkowitz expressed concern about the title of the ordinance being confusing and that citizens may not entirely understand its meaning by interpreting it to mean that they cannot use any motorized lawn equipment. City Manager Gipson stated that staff will provide a notice in the City’s communications, CityViews, Clayton Connections, City’s webpage, etc., on the approved amendment that will include an explanation of the change(s). City Attorney O’Keefe noted that the title states that the ordinance is “modifying the allowable hours…”

City Attorney reads Bill No. 6836.1, second reading, an Ordinance to Amend Section 215.765 to Modify the Allowable Hours of Usage for Motor-Driven Outdoor Maintenance Equipment for the second time by title only. The motion passed on a roll call vote: Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6696 of the City of Clayton. Alderman McAndrew gave recognition to Alderman Sokol as the reason and result of the proposed change.

05-11-2021 BOA Minutes May 11, 2021 Page 2 of 6

Motion made by Alderman Lintz to approve the upgrade to the liquor license for the Clayton Wine House LLC. Alderman McAndrew seconded. The motion passed unanimously on a voice vote. ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO SECTION 215.765 TO MODIFY THE ALLOWABLE HOURS OF USAGE FOR MOTOR-DRIVEN OUTDOOR MAINTENANCE EQUIPMENT

City Manager Gipson reported that at the April 27, 2021 meeting, the Board of Aldermen discussed an ordinance revision that would reduce the permitted hours of use to only allow such activity from 9:00 AM to 5:00 PM on Saturday, Sunday, and holidays. The Board ultimately directed staff and the city attorney to revise the ordinance language to allow homeowners and occupants to use motor-driven equipment as currently permitted but restrict contracted services during the weekend. Bill No. 6836.1 is a substitute for Bill No. 6836 and was amended, copy included in the Board packet. Mayor Harris commented that her thoughts were to also have the Sustainability Committee discuss the proposed changes as it relates to the environment. Alderman Buse commented that the proposed change was brought to the Board due to citizen concerns on protecting their early mornings and evenings as related to noise. She recommends that the Board keep the two issues, environmental (air pollution) and the noise from motorized equipment as separate considerations. She also inquired as to how the City would enforce the ordinance.

She recommends that the Board keep the two issues, environmental (air pollution) and the noise from motorized equipment as separate considerations. She also inquired as to how the City would enforce the ordinance. City Manager Gipson noted that most likely the violations will be complaint driven, therefore the enforcement will be controlled by the Police Department. Alderman Lintz agreed with Alderman Buse recommending that the Board deal with the noise issue now, discuss the environmental issue in the future, and keep both separated. Alderman McAndrew added that she would also like to keep both issues separate. Alderman Linz introduced Bill No. 6836.1, to approve an amendment to Section 215.765 modifying the allowable hours of usage for motor-driven outdoor maintenance equipment to be read for the first time by title only. Alderman Berkowitz seconded. City Attorney reads Bill No. 6836.1, first reading, an Ordinance to Amend Section 215.765 to Modify the Allowable Hours of Usage for Motor-Driven Outdoor Maintenance Equipment for the first time 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. 6836.1 on the day of its introduction. Alderman Berkowitz seconded. The motion passed unanimously on a voice vote.

The bill, having received majority approval was adopted and became Ordinance No. 6696 of the City of Clayton. Alderman McAndrew gave recognition to Alderman Sokol as the reason and result of the proposed change. ORDINANCE TO CONSIDER APPROVING THE FY2021 2ND QUARTER BUDGET AMENDMENT

Janet Watson, Director of Finance and Administration reported that as part of the quarterly budget review, staff is presenting for the Board’s consideration the first amendment to the Fiscal Year 2021 (FY21) budget. Most of this amendment consists of expenditure reductions in the General Fund and related program revenue reductions, the receipt of additional grants for capital projects, and changes in the amount of project costs and related transfers. The proposed amendment is as summarized in the Board packet. Alderman Linz introduced Bill No. 6837, to approve the FY2021 2nd Quarter Budget amendment to be read for the first time by title only. Alderman Berkowitz seconded. City Attorney reads Bill No. 6837, first reading, an Ordinance Amending the Fiscal Year 2021 Budget and Appropriating Funds Pursuant Thereto 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. 6837 on the day of its introduction. Alderman McAndrew seconded. The motion passed unanimously on a voice vote.

05-11-2021 BOA Minutes May 11, 2021 Page 4 of 6

Alderman Linz introduced Bill No. 6837, to approve the FY2021 2nd Quarter Budget amendment to be read for the second time by title only. Alderman Berkowitz seconded. City Attorney reads Bill No. 6837, second reading, an Ordinance an Ordinance Amending the Fiscal Year 2021 Budget and Appropriating Funds Pursuant Thereto by title only. The motion passed on a roll call vote: Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6697 of the City of Clayton. FY2021 2ND QUARTER FINANCIAL REPORT

Janet Watson, Director of Finance and Administration reported that the financial report will include the budget amendment previously approved; providing a summary of the report as presented in the Board packet. MOTION TO APPROVE THE APPOINTMENT OF AN ALDERMANIC REPRESENTATIVE TO THE NON-UNIFORMED EMPLOYEES’ RETIREMENT FUND (NUERF) AND THE UNIFORMED EMPLOYEES’ RETIREMENT FUND (UERF)

City Manager Gipson reported that due to an unexpected vacancy on the Non-Uniformed Employees Retirement Fund Board and the Uniformed Employees Retirement Fund Board Mayor Harris is proposing to appoint Alderman Patel as the aldermanic representative. The City Charter requires that all appointments/assignments to the Boards and Commissions necessitates approval by the Board of Aldermen. Motion made by Alderman Lintz to approve the appointment of Alderman Becky Patel to the NUERF and UERF Boards. Alderman Berkowitz seconded. The motion passed unanimously on a voice vote.

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