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October 13, 2015 — Meeting Minutes

This is the minutes of the Clayton Board of Aldermen meeting held October 13, 2015. The excerpts record attendance, approval of prior minutes, a proclamation for a local restaurant, a public hearing and 4–1 vote approving a conditional use permit for The Claymoor at 15 N. Meramec (Alderman Berger voting nay), and adoption of Bill No. 6524 ( Ordinance No. 6392) amending Chapter 505 on mobile food vending. The minutes also include a public hearing regarding amendments to Chapter 405 about front-yard prohibitions and summaries of proposed updates to multiple 2015 International Codes (Building, Residential, Existing Building, Mechanical, Fuel Gas, Energy Conservation, and Property Maintenance) and related local amendments.
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10-13-15 BOA Minutes October 13, 2015 Page 5 of 13

Mayor Sanger closed the public hearing. Alderman Garnholz introduced Bill No. 6525, an ordinance to approve an amendment to Chapter 405, Section 405.240 related to Front Yard Prohibitions to be read for the first time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6525, an Ordinance Providing for the Amendment of Certain Sections of Title IV (Land Use), Chapter 405 (Zoning Regulations) of the Code Of Ordinances of the City of Clayton, Missouri, and Other Actions Related Thereto 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. 6525 on the day of its introduction. Alderman Winings seconded. The motion passed unanimously on a voice vote. Alderman Garnholz introduced Bill No. 6525, an ordinance to approve an amendment to Chapter 405, Section 405.240 related to Front Yard Prohibitions to be read for the second time by title only. Alderman Winings seconded. City Attorney O’Keefe reads Bill No. 6525, Bill No. 6525, an Ordinance Providing for the Amendment of Certain Sections of Title IV (Land Use), Chapter 405 (Zoning Regulations) of the Code Of Ordinances of the City of Clayton, Missouri, and Other Actions Related Thereto for the second time by title only. Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye.

The bill was adopted and became Ordinance No. 6392 of the City of Clayton. PUBLIC HEARING AND AN ORDINANCE TO CONSIDER AN AMENDMENT TO CHAPTER 405 (ZONING REGULATIONS), SECTION 405.240 (FRONT YARD PROHIBITIONS)

Mayor Sanger opened the public hearing and requested proof of publication. City Manager Owens reported that this is a public hearing to solicit input regarding a proposed amendment to Chapter 405: Zoning Regulations, Section 405.240: Front Yard Prohibitions to allow the operation of mobile food vending equipment in front yards in conformance with proposed amendments to Chapter 505: Streets, Sidewalks and other Public Places, Section 505.125: Private Mobile Food Vending. On August 28, 2012, the City adopted Section 505.125: Private Mobile Food Vending, to allow the operation of mobile food vending equipment on City rights-of-way, City property and private property, solely to serve a private event not open to the general public. Mobile food vending equipment includes food trucks, ice cream trucks, mobile barbecues and similar motorized or transportable food preparation or vending equipment. Staff has prepared amendments to Section 505.125: Private Mobile Food Vending that would allow established Downtown restaurants, grocery stores, and food retailers to operate mobile food vending equipment and sell to the general public within the Downtown Mobile Food Vending District on the site they are located, or on locations that are at least 200 feet from the primary entrance of another established restaurant, grocery store, or food retailer.

Mobile food vending equipment includes food trucks, ice cream trucks, mobile barbecues and similar motorized or transportable food preparation or vending equipment. Staff has prepared amendments to Section 505.125: Private Mobile Food Vending that would allow established Downtown restaurants, grocery stores, and food retailers to operate mobile food vending equipment and sell to the general public within the Downtown Mobile Food Vending District on the site they are located, or on locations that are at least 200 feet from the primary entrance of another established restaurant, grocery store, or food retailer. Section 405.240: Front Yard Prohibitions currently prohibits the sale, display or storage of food products in the front yards on private property, which contradicts the proposed amendments to Section 505.125: Private Mobile Food Vending. The proposed text amendment will address this conflict by allowing the sale, display, and storage of food products in front yards of private property in conformance with the mobile food vending regulations, and will only go into effect if the proposed amendments to Section 505.125: Private Mobile Food Vending are approved. The Plan Commission considered this request at their September 9, 2015 meeting and voted unanimously to recommend approval. Staff recommendation is to approve the text amendment as requested.

City Attorney O’Keefe reads Bill No. 6525, Bill No. 6525, an Ordinance Providing for the Amendment of Certain Sections of Title IV (Land Use), Chapter 405 (Zoning Regulations) of the Code Of Ordinances of the City of Clayton, Missouri, and Other Actions Related Thereto for the second time by title only. Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6393 of the City of Clayton. A PUBLIC HEARING AND RELATED ORDINANCE TO CONSIDER AMENDMENTS TO CHAPTER 210; ANIMAL REGULATIONS; ARTICLE II. GENERAL ANIMAL, LIVESTOCK, BIRDS AND DOMESTIC FOWL REGULATIONS, SECTION 210.260 OF THE MUNICIPAL CODE OF CLAYTON

City Manager Owens reported that on September 24, 2013, the Board of Aldermen amended the Domestic Fowl Regulations with the intent of ensuring greater compatibility between properties that chose to keep geese, ducks, chickens or turkeys, and those that don’t, by aligning the existing ordinance with setback requirements for accessory structures and ensuring safe and sanitary conditions as set forth in the City’s nuisance codes. The revised regulations also required a permit and inspection of the facilities before domestic fowl may be housed on private property. On September 8, 2015, the Board of Aldermen considered further amendments to the domestic fowl ordinance, and then tabled the item after discussion. As a result of the Board’s discussion, the following changes were made to the draft ordinance:

Since the adoption of the revised Domestic Fowl Regulations in 2013, the City has issued eight Domestic Fowl Permits, each valid for three years. Since that time, City staff and the Board of Aldermen have received numerous complaints regarding the appearance of coops and pens that are visible from adjacent properties and noise complaints. The current regulations address the location and screening of coops and pens as follows:

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