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minutes 2017-04-04 City meeting records #qc8639270 Open original ↗

April 4, 2017 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held April 4, 2017. It records roll call and approvals (including unanimous approval of the March 28, 2017 minutes), consideration and first-reading adoption motions for ordinances and resolutions, and discussion items. Specific items recorded include recommending and introducing Bill No. 6608 to award a FY2017 resurfacing contract to N.B. West Contracting (base bid/selected scope value $2,405,309.00 with authorization for change orders up to $250,000.00), introducing Bill No. 6609 to reaffirm a prohibition on short-term residential rentals, approval of a Five-Year Capital Improvements Plan resolution (Resolution No. 17-04), and approval of clerical corrections to prior ordinances; the minutes also summarize reports from aldermen and other routine updates.
Cited passage

Alderman Winings seconded. The motion passed unanimously on a voice vote. Alderman Garnholz introduced Bill No. 6609, an ordinance approving an amendment to Chapter 605 to reaffirm the prohibition against short-term rental of residential dwellings to be read for the second time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill NO. 6609, an Ordinance Approving an Amendment to Chapter 605 of the Clayton Code to Reaffirm the Prohibition Against Short-Term Rental of Residential Dwellings 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. 6477 of the City of Clayton. A RESOLUTION TO CONSIDER APPROVING THE FIVE-YEAR CAPITAL IMPROVEMENTS PLAN FOR INCLUSION IN THE FY 2018 PROPOSED BUDGET DOCUMENT

City Manager Owens reported that at the March 17, 2017, discussion session, staff presented the Board of Aldermen with the recommendations for the funded projects in the five-year Capital Improvements Plan (fiscal years 2018 – 2022). After much discussion regarding specific projects, the Board added the DeMun Sidewalk project to the funded list during that meeting. This Capital Improvements Plan, once approved, will be incorporated into the proposed City budget document and will be a part of the public hearing process prior to budget approval. Recommendation is to approve the resolution approving the five-year Capital Improvement Plan funded project list as revised, for inclusion in the FY 2018 proposed City budget.

Alderman Winings seconded. The motion passed unanimously on a voice vote. Alderman Garnholz introduced Bill No. 6608, an ordinance approving a contract with N.B. West Contracting Company for the Fiscal Year 2017 Resurfacing Project to be read for the second time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill NO. 6608, an ordinance approving a contract with N.B. West Contracting Company for the Fiscal Year 2017 Resurfacing Project 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. 6476 of the City of Clayton. AN ORDINANCE TO CONSIDER AN AMENDMENT TO CHAPTER 605 TO REAFFIRM THE PROHIBITION AGAINST SHORT-TERM RENTAL OF RESIDENTIAL DWELLINGS

City Manager Owens reported that Missouri law specifies that accommodations operated for hire as lodging for transient guests (persons occupying lodgings for less than thirty days) is the business of hotels, motels and other commercial lodging establishments (Sec. 315.005, RSMo.) and provides appropriate regulations and standards to ensure public health and safety in relation to such businesses. In order to protect the peaceful enjoyment of property, property values and public health, safety and welfare Clayton zoning regulations currently prohibit the short-term rental of all or a portion of residential dwellings in the City of Clayton.

04-04-17 BOA Minutes April 4, 2016 Page 3 of 5 The Board of Aldermen finds and determines that short-term rental of residential dwellings is inimical to the stability, shared commitment and sense of community that give Clayton its exceptional quality, and that such rentals conflict with the neighborhood environment that makes both our single family and multi-family areas special, welcoming and desirable; and

The Board of Aldermen wishes to amend the City’s Code of Ordinances to make clear that short-term rental of residential property is not permitted in Clayton

Recommendation is to approve the amendment as proposed. In response to Alderman Berger’s question, Alderman Garnholz stated that “inimical” is a synonym for “contrary to”. Alderman Garnholz introduced Bill No. 6609, an ordinance approving an amendment to Chapter 605 to reaffirm the prohibition against short-term rental of residential dwellings to be read for the first time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill NO. 6609, an Ordinance Approving an Amendment to Chapter 605 of the Clayton Code to Reaffirm the Prohibition Against Short-Term Rental of Residential Dwellings 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. 6608 on the day of its introduction. Alderman Winings seconded. The motion passed unanimously on a voice vote.

04-04-17 BOA Minutes April 4, 2016 Page 4 of 5 Alderman Garnholz moved to approve Resolution No. 17-04, approving the Five-Year Capital Improvements Plan for Inclusion in The FY 2018 Proposed Budget Document. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

A RESOLUTION TO APPROVE A CORRECTION TO CLERICAL ERRORS IN ORDINANCES TO ACCURATELY REFLECT THE INTENT AND ACTION OF THE BOARD OF ALDERMEN

City Manager Owens reported that On January 10, 2017 the Clayton Board of Aldermen considered and approved Bills 6594 and 6595 (Ordinance Nos. 6463 and 6464) which contained the following scrivener’s errors: Section 1 (C)(c)(i) of Bill 6594, Ordinance 6463, erroneously stated that it required that Subdistrict 1 access to Forsyth Boulevard be limited to right in and right out only;

And

Section 1(C)(2)(k) of Bill 6595, Ordinance 6464, erroneously stated that it required that South Lyle Avenue at Forsyth Boulevard be constructed to have four [rather than three] lanes.

The specific revisions are as follows:

new Subdistrict 1 and Subdistricts 2A and C) with the following changes:

A. It will be widened to accommodate two northbound lanes to provide separate left and right turn lanes and one southbound lane with parallel parking.

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