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minutes 2019-08-13 City meeting records #qefadeaff Open original ↗

August 13, 2019 — Meeting Minutes

These are the minutes of the City of Clayton Board of Aldermen meeting held August 13, 2019. The excerpts record attendance and approval of prior minutes, certification of the August 6, 2019 municipal election naming Susan Bradley Buse as Ward II alderman with 74 votes (90.24%), and a public hearing (continued) on proposed amendments to the Planned Unit Development zoning regulations including discussion of mixed‑use percentage language and a motion to table the ordinance. The excerpts also record discussion and votes related to consideration of a purchase and sale agreement for 8049 Forsyth Boulevard, including board members’ questions about prior RFPs, parking/garage design, project economics, and statements of support or concern; no final sale figure is shown in the excerpts.
Cited passage
2020. Motion made by Alderman Berkowitz to accept St. Louis County Board of Election

Crawford and Associates, Inc. d/b/a CBB, was selected to provide engineering services for the project. Matt Malick, Interim Director of Public Works, addressed the Board to answer questions.

08-13-19 BOA Minutes August 13, 2019 Page 9 of 11

Alderman Winings introduced Bill No. 6749, approving a contract with George L. Crawford and Associates, Inc. d/b/a CBB for the Traffic Management Enhancements Project to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6749, first reading, an Ordinance Providing for the Approval and Execution of an Engineering Services Contract with George L. Crawford and associates, Inc. d/b/a CBB for Engineering Services Related to the Traffic Management Enhancements Project (CMAQ-5438(614)) and Actions Related Thereto 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. 6749 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6749, approving a contract with George L. Crawford and Associates, Inc. d/b/a CBB for the Traffic Management Enhancements Project to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6749, second reading, an Ordinance Providing for the Approval and Execution of an Engineering Services Contract with George L. Crawford and associates, Inc. d/b/a CBB for Engineering Services Related to the Traffic Management Enhancements Project (CMAQ-5438(614)) and Actions Related Thereto by title only.

The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6610 of the City of Clayton.

ALDERMANIC COMMITTEE ASSIGNMENT

Interim City Manager Watson reported that in order to be consistent with the Charter requirements all appointments/assignments to the Boards and Commissions requires approval by the Board of Aldermen. Mayor Harris has proposed that Alderman Susan Bradley Buse is appointed as the aldermanic representative to the Economic Development Advisory Committee and the Sustainability Committee.

Motion made by Alderman Winings to approve the appointment of Alderman Buse to the Economic Development Advisory Committee, and the Sustainability Committee. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

APPOINTMENT TO BOARDS AND COMMISSIONS

Interim City Manager Watson reported that the following individual has expressed interest in being appointed as a member of the following Boards or Commissions of the City. Mayor Harris has reviewed and agrees with the recommendations for appointment to the respective Board or Commission and, therefore, submits the following nominations for the Board’s consideration.

Sustainability Committee

Alderman Winings introduced Bill No. 6746, an ordinance to approve Piper Jaffray as financial advisor for the 2019 Special Obligation Refunding and Improvement Bond issue to be read for the second time by title only. Alderman Boulton seconded.

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City Attorney O’Keefe reads Bill No. 6746, second reading, an Ordinance Designating Piper Jaffray as Financial Advisor for the City of Clayton, Missouri, for a Possible 2019 Special Obligation Refunding and Improvement Bond Issue and Establishing Terms and Conditions for Such Services by title only.

The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6607 of the City of Clayton.

AN ORDINANCE TO CONSIDER AMENDING CHAPTER 225 OF THE CLAYTON MUNICIPAL CODE TO PROHIBIT HOUSING DISCRIMINATION ON THE BASIS OF A PERSON’S SOURCE OF INCOME

Interim City Manager Watson reported that this ordinance was on the May 28, 2019, agenda as a discussion only item. It was presented as one of many ways that can help support more inclusive housing options. A few changes were made to the ordinance from comments at that discussion.

Tristin Smiez, Moorlands resident, addressed the Board in support of the ordinance.

Alderman Boulton commented that this is a positive direction.

Alderman McAndrew commented that this could be a lead for other municipalities to follow suit.

Alderman Winings introduced Bill No. 6747, to approve an amendment to Chapter 225 of the Clayton Municipal Code to Prohibit Housing Discrimination based on a person’s source of income to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6747, first reading, an Ordinance Amending Chapter 225 of the Clayton Municipal Code to Prohibit Housing Discrimination on the Basis of a Person’s Source of Income 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. 6747 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6747, to approve an amendment to Chapter 225 of the Clayton Municipal Code to Prohibit Housing Discrimination based on a person’s source of income to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6747, second reading, an Ordinance Amending Chapter 225 of the Clayton Municipal Code to Prohibit Housing Discrimination on the Basis of a Person’s Source of Income by title only.

The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6608 of the City of Clayton.

The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6608 of the City of Clayton.

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AN ORDINANCE TO APPROVE AN EASEMENT AGREEMENT AND A MAINTENANCE AGREEMENT FOR CERTAIN IMPROVEMENTS TO THE METROPOLITAN SEWER DISTRICT’S SEWER AND STORMWATER SYSTEM IN SHAW PARK

Interim City Manager Watson reported that the proposed ordinance would approve easements to be granted to the Metropolitan Sewer District (“MSD”) for the purpose of allowing MSD to build and maintain a relocated sanitary sewer system and storm water system and other related appurtenances and improvements within Shaw Park.

Alderman Winings introduced Bill No. 6748, approving an easement agreement and maintenance agreement with Metropolitan Sewer District to be read for the first time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6748, first reading, an Ordinance Approving an Easement and BMP Maintenance Agreement for Installation of Certain Improvements to the Metropolitan Sewer District’s Stormwater and Sewer System to be Located in Shaw Park 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. 6748 on the day of its introduction. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings introduced Bill No. 6748, approving an easement agreement and maintenance agreement with Metropolitan Sewer District to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6748, second reading, an Ordinance Approving an Easement and BMP Maintenance Agreement for Installation of Certain Improvements to the Metropolitan Sewer District’s Stormwater and Sewer System to be Located in Shaw Park by title only.

The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6609 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT WITH GEORGE L. CRAWFORD AND ASSOCIATES, INC. D/B/A CBB FOR THE TRAFFIC MANAGEMENT ENHANCEMENTS PROJECT

Interim City Manager Watson reported that in the fall of 2018, the City of Clayton was awarded a grant from the East-West Gateway Council of Governments to implement a Traffic Management Enhancements Project. Engineering is planned to begin in 2019 with implementation in 2020.

In the spring of 2019 Public Works staff performed consultant solicitation in accordance with the Missouri Department of Transportation’s (MoDOT) Local Public Agency Manual. An advertisement was placed on MoDOT’s website, and four consultants’ submitted qualifications. Upon review of the qualifications by the selection team, George L. Crawford and Associates, Inc. d/b/a CBB, was selected to provide engineering services for the project.

Matt Malick, Interim Director of Public Works, addressed the Board to answer questions.

Mayor Harris has reviewed and agrees with the recommendations for appointment to the respective Board or Commission and, therefore, submits the following nominations for the Board’s consideration. Sustainability Committee

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Susannah Fuchs Ward 1 (new appointment for unexpired term through June 30, 2020)-replaces S. Cohn

Motion made by Alderman Winings to approve the appointment of Susannah Fuchs to the Sustainability Committee. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

9:40 p.m. Mayor Harris called for a five-minute break.

9:47 p.m. the meeting came to order.

APPEAL OF THE PLAN COMMISSION’S DECISION REGARDING NEW CONSTRUCTION OF A SINGLE-FAMILY HOME AT 234 CRANDON AVENUE

Interim City Manager Watson reported that this is a request for an appeal of the Plan Commissions’ decision to approve the site plan for the construction of a new single-family residence, at 234 Crandon Avenue. Specifically, the applicant is appealing the decision of the Plan Commission’s approval of the location of the air conditioning compressors on the north side of the proposed single-family home. On June 28, 2019, Carl and Gail Lang, who reside at 8330 Kingsbury Boulevard, filed an appeal with the City of Clayton regarding the Plan Commission’s decision to approve the project.

On June 17, 2019, the Plan Commission voted 5 – 0 to approve the site plan for the project, subject to staff conditions (staff conditions were unrelated to the location of the air conditioning units).

Charles Ebert, Attorney, representative, #1 N. Brentwood, resident at 8137 University Drive, addressed the Board providing a brief summary on behalf of the appellants Carl and Gail Lang, owners of 8330 Kingsbury.

Mike Biffignani, President, Sondare Acoustics, addressed the Board providing a handout (Exhibit N) and a summary of a noise study done on behalf of the appellants and to answer questions.

Robb Hellwig, attorney, representative, addressed the Board on behalf of the Josh and Danielle Shapiro, owners of 234 Crandon and to answer questions.

Pierce and Sue Powers, 665 W. Polo Drive, addressed the Board, commenting regarding the County’s noise ordinance and how it affected them and their neighbors in the past years.

Randi Jacobs, 214 Gay Avenue, addressed the Board, commenting on past issues with the Planning Department on the location of her air conditioning unit(s).

Gail Lang addressed the Board inviting them to visit her property.

No action was taken. The decision on the appeal will come back at a future meeting.

Other

Alderman Boulton reported that the Non-Uniformed Employee Retirement Board and the Uniformed Employee Retirement Board met this week.

Alderman Lintz reported that the Plan Commission/ARB met and approved a Conditional Use Permit for the Clayton Wine House, a wine and gourmet food store, located on Clayton Road (the former rug store).

Other

Alderman Boulton reported that the Non-Uniformed Employee Retirement Board and the Uniformed Employee Retirement Board met this week. Alderman Lintz reported that the Plan Commission/ARB met and approved a Conditional Use Permit for the Clayton Wine House, a wine and gourmet food store, located on Clayton Road (the former rug store).

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Alderman Berkowitz reported on Parks and Recreation Commission.

Mayor Harris reported on the following: • Art Fair Kick-Off event • The representatives from District 5 met with County Executive Sam Page

There being no further business the meeting adjourned at 10:45 p.m.

____________________________

Mayor

ATTEST:

____________________________ City Clerk

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