June 13, 2017 — Meeting Minutes
06-13-17 BOA Minutes June 13, 2017 Page 1 of 7 THE CITY OF CLAYTON
Board of Aldermen City Hall – 10 N. Bemiston Avenue June 13, 2017 7:10 p.m.
Minutes
Mayor Sanger called the meeting to order and requested a roll call. The following individuals were in attendance:
Aldermen: Mark Winings, Joanne Boulton, Alex Berger, Rich Lintz, Ira Berkowitz, and Michelle Harris
Mayor Sanger City Manager Owens City Attorney O’Keefe
Alderman Berger moved to approve the May 23, 2017 minutes. Alderman Boulton seconded.
The motion to approve the minutes passed unanimously on a voice vote.
PUBLIC REQUESTS AND PETITIONS
None
PROCLAMATION
Mayor Sanger presented a proclamation in recognition of “Immigrant Heritage Month.”
A PUBLIC HEARING AND ORDINANCE TO CONSIDER AN AMENDMENT TO SECTION 405.3990 OF ARTICLE XXIX “OUTDOOR DINING”
Mayor Sanger opened the public hearing and requested proof of publication.
City Manager Owens reported that this is a public hearing to consider amending Article XXIX “Outdoor Dining”, Section 405.3990, of the City’s Zoning Regulations to allow Fire Department approved outdoor heaters in outdoor dining space located on public property.
Outdoor dining standards have been in place since the early 1990s. Over the years, various revisions were made in response to feedback from restaurant owners, diners, citizens and City staff. In 2007, heaters were allowed to be used only in outdoor dining areas located on private property, provided that a permit from the Fire Department was secured.
Under current regulations, all restaurants having outdoor dining must apply for and receive an annual Outdoor Dining Permit. If outdoor dining is located on public property, the permit holder is required to provide the City with proof of liability insurance naming the City as an additional insured.
The purpose of the proposed amendment is to enhance the customer’s enjoyment of outdoor dining during cooler weather. Allowing outdoor heaters in dining areas on public property may
06-13-17 BOA Minutes June 13, 2017 Page 2 of 7 make it more difficult for restaurant owners to maintain the required Pedestrian Access Route, as the heaters will have to compete with the other furnishings commonly found and already allowed in outdoor dining areas. Because outdoor dining fixtures tend to “migrate” by patron use, they can easily protrude into public access paths challenging accessibility to and usability by pedestrians including those with disabilities; however, the heaters will likely only be used for relatively short periods of time (late fall/early spring).
The Plan Commission considered this request at its June 5, 2017 meeting and voted 6-0 to recommend approval as submitted.
Alderman Berger sated that he is unable to support the amendment to the ordinance with regard to the statement in the staff report, “Because outdoor dining fixtures tend to “migrate” by patron use, they can easily protrude into public access paths challenging accessibility to and usability by pedestrians including those with disabilities;” which is not in line with the City’s requirement for ADA accessibility.
In response to Mayor Sanger’s question, City Manager Owens explained that the amendment to the ordinance would be treated no differently than how it is currently. The amendment is just an addition of the heaters for a short period of time. The heaters would be treated the same as tables, chairs, and any other things that are part of the outdoor dining permit process. He confirmed that the restaurant has to make sure that the sidewalk is clear or they risk jeopardizing their permit. Enforcement is much easier during normal business hours and the police department helps the city respond to any and all complaints. Any violations are followed up by staff.
Alderman Berkowitz stated that he has the same issue as Alderman Berger and that the staff report is stating that this may create an issue for handicap access to the sidewalks and for him that would be a problem.
Alderman Lintz clarified that there is no change to the ordinance; the question is whether or not to include heaters in the existing ordinance. If the Board is questioning the ordinance as it’s written than that is a different issue than what is before the Board tonight.
Alderman Boulton added that the amendment is to add outdoor heaters in the dining area when it is already allowed and tables and chairs can migrate into the right-of-way which could block the path. This is a continual issue and restaurateurs are reminded on a regular basis (e.g. Kaldi’s)
In response to Alderman Berkowitz’ concerns with regard to the staff report, City Manager Owens explained that some of the staff reports can include unintended consequences of what some of the downsides might be, but he would not overplay this to say that this is going to be an incredibly different situation than what it is currently. Staff would not make a recommendation if they thought that this would put a new perilous encumbrance to what we are required to enforce under the ADA.
Alderman Winings stated that the challenge is, noted in the staff report, already exists today and could be said of chairs and tables, which the heaters could be one more item that could potentially be an obstruction in the right-of-way.
Alderman Boulton said that the down side of not allowing heaters is that it lowers the retailer’s income during a particular day and season; therefore putting ourselves at a competitive disadvantage by not allowing. Sasha’s compared their sales at their three locations on a given cool spring evening and found the revenue from the Clayton store was substantially lower then their other two locations.
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Mayor Sanger closed the public hearing.
Alderman Winings introduced Bill No. 6613, an ordinance amending Section 405.3990 of Article XXIX “Outdoor Dining” to be read for the first time by title only. Alderman Boulton seconded.
City Attorney O’Keefe reads Bill No. 6613, an Ordinance Amending Chapter 405 (Zoning Regulations), Article XXIX “Outdoor Dining”, Section 405.3990 to allow Fire Department Approved Heaters in Outdoor Dining Areas that are Located on City/Public Property for the first time by title only.
The motion passed on 6-Aye votes to 1-Nay (Alderman Berger) vote; second reading to be heard at the June 27, 2017 Board of Aldermen meeting.
FY 2017 SECOND QUARTER FINANCIAL REPORT
Janet Watson provided the Board with the 2nd Quarter Financial Report for FY17. The report includes the quarterly budget amendment passed by the Board at the May 9th meeting. She reminded the Board that the report no longer includes the pension funds since they are no longer considered budgeted funds. Therefore, this makes the report more comparable as it is less likely to have wide variances based on market returns.
We started this year with a surplus of $284,702 and with the last budget amendment the surplus has increased to $341,839.
The General Fund sales tax is 4% lower than at this time last year. It is still early in the fiscal year to establish a trend pattern but we will monitor this revenue to analyze continuing trends and will report this information to you, as well as any necessary budget adjustments.
In the last couple of years, the sales tax revenue has been both up and down.
The majority of property tax distributions have now been received and we are showing receipts as 7.5% higher than during the first six months of the last fiscal year. This is due to a CPI allowing for 2% growth, and on the calendar 2016 tax rates we chose to recoup funds lost in the prior year. We will continue to monitor this revenue very closely.
Parking revenue has begun to rise with the implementation of new rates and fine amounts. The increases are partially offset with increased system costs for the much enhanced technology abilities.
AN ORDINANCE TO CONSIDER A CONTRACT BETWEEN ST. LOUIS COUNTY AND THE CITY OF CLAYTON FOR THE USE & MAINENANCE OF ST. LOUIS COUNTY RIGHT-OF- WAY ALONG HANLEY ROAD FOR THE PURPOSE OF INSTALLING AND MAINTAINING DOWNTOWN CLAYTON STREETSCAPE IMPROVEMENTS AS PART OF THE SCOTT TRIANGLE PARK PROJECT
City Manager Owens reported that as part of the Scott Triangle Park project approval, the sidewalk adjacent to the development is to be improved to the Downtown Clayton Streetscape Standards. This sidewalk is along the east side of Hanley Road between Bonhomme Avenue & Forest Park Parkway. This stretch of sidewalk resides within St. Louis County right-of-way and is under the County’s jurisdiction. To install the Downtown Clayton Streetscape Improvements in the County right-of-way requires a contract between the County and City to establish use and maintenance of said sidewalk.
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Recommendation is to approve the ordinance authorizing a contract with St. Louis County to install and maintain Downtown Clayton Streetscape Improvements within County right-of-way.
In response to Alderman Berkowitz question, City Manager Owens described the subject area.
In response to Alderman Winings question, City Manager Owens confirmed that the developer will be funding the project.
Alderman Winings introduced Bill No. 6614, an ordinance to approve a contract with St. Louis County for streetscape improvements on the east side of Hanley Road between Bonhomme Avenue and Forest Park Parkway to be read for the first time by title only. Alderman Boulton seconded.
City Attorney O’Keefe reads Bill No. 6614, an Ordinance approving a Contract with St. Louis County to Install and Maintain Downtown Clayton Streetscape Improvements Along the East Side of Hanley Road Between Bonhomme Avenue and Forest Park Parkway for the first time by title only.
The motion passed unanimously on a voice vote.
Alderman Winings moved that the Board give unanimous consent to consideration for adoption of Bill No. 6614 on the day of its introduction. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
Alderman Winings introduced Bill No. 6614, an ordinance to approve a contract with St. Louis County for streetscape improvements on the east side of Hanley Road between Bonhomme Avenue and Forest Park Parkway to be read for the second time by title only. Alderman Boulton seconded.
City Attorney O’Keefe reads Bill No. 6614, an Ordinance approving a Contract with St. Louis County to Install and Maintain Downtown Clayton Streetscape Improvements Along the East Side of Hanley Road Between Bonhomme Avenue and Forest Park Parkway for the second time by title only.
Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6481 of the City of Clayton.
A RESOLUTION TO CONSIDER AUTHORIZING AND SUPPORTING A TAP GRANT APPLICATION FOR THE BRENTWOOD BOULEVARD CORRIDOR BICYCLE/PEDESTRIAN TRAIL ROUTES STUDY
City Manager Owens reported that subsequent to the recent discussions regarding bicycle and pedestrian access along Brentwood Boulevard, City staff met with the cities of Brentwood and Richmond Heights to discuss access along the Brentwood Boulevard Corridor. A consensus was reached to submit a joint application to East-West Gateway for a Transportation Alternatives Program (TAP) grant to fund a Brentwood Boulevard Corridor Bicycle/ Pedestrian Trail Routes Study.
The study would identify potential routes and recommend a preferred alternative route which could connect the Great Rivers Greenway (GRG) Trail in Shaw Park to a point south of
06-13-17 BOA Minutes June 13, 2017 Page 5 of 7 Manchester Road where it could potentially connect with a park and potentially the Deer Creek Park Trail.
Recommendation is to approve the resolution authorizing and supporting the three-city Transportation Alternatives Program (TAP) grant application for the Brentwood Boulevard Corridor Bicycle/Pedestrian Trail Routes Study.
Mayor Sanger commented that this is a great project and that it fits right in with other opportunities.
Alderman Harris commented that this is a great opportunity because one of the important things about the routes is that they connect to other communities. This is a great way to figure that out to come up with a productive and useful trail system.
Alderman Winings moved to approve Resolution No. 17-12, authorizing and supporting the Transportation Alternatives Program application to East-West Gateway. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
A RESOLUTION TO CONSIDER READOPTING PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST
City Manager Owens reported that in 1991, the Missouri General Assembly adopted the ethics/personal financial disclosure law, which affects municipalities with an annual operating budget in excess of $1 million. The ethics legislation allowed political subdivisions to establish their own method of disclosing potential conflicts of interest and substantial interests. Accordingly, pursuant to Section 105.485 of the Missouri Revised Statutes, on August 13, 1991, the City adopted by ordinance its own simplified personal financial disclosure requirements.
According to Section 105.485.4, RSMo., the Missouri Ethics Commission requires each affected municipality to readopt the personal financial disclosure ordinance in an open meeting biennially by September 15th.
Recommendation is to approve the resolution readopting the City of Clayton’s procedure to disclose potential conflicts of interest and substantial interests for certain municipal officials.
In response to Mayor Sanger, City Attorney O’Keefe stated that the copy had a scrivener’s error and the revised statutes were updated in 2016 which had not been reflected.
Alderman Winings moved to approve Resolution No. 17-13, authorizing and supporting the Transportation Alternatives Program application to East-West Gateway. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
MOTION TO APPROVE THE APPOINTMENTS TO THE BOARDS AND COMMISSIONS
City Manager Owens reported that the following nominations are before the Board tonight for consideration.
Board of Adjustment Robert Denlow - alternate Ward 1 (Appointment for a 5-year term through June 30, 2022)
06-13-17 BOA Minutes June 13, 2017 Page 6 of 7 Economic Development Advisory Committee Bill Schute Ward 1 (appointment through June 30, 2019)
Ann Vazquez
Ward 2 (Appointment for a 3-year term through June 30, 2020)
Parks & Recreation Commission Eric Schneider
Ward 2 (Reappointment for a 3-year term through June 30, 2020)
David LaGesse
Ward 3 (Reappointment for a 3-year term through June 30, 2020)
Alderman Winings moved to approve the appointments to the Boards and Commissions. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
Alderman Harris moved to approve that Eric Schneider is appointed as chairman to the Parks and Recreation Commission. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
Other
Alderman Boulton reported on the following: - Attended (with Mayor Sanger) the National Association of City Transportation Officials (NACTO) meeting held downtown last week. They shared information with members of the St. Louis County Department of Transportation, St. Louis City Department of Transportation, Bi-State Development Bike Share, CBB, Trailnet, City of Wildwood Economic Development, ALTA, GRG, MODoT, East West Gateway, Kirkwood Planning and Zoning Board and its City Planner. Also, had a conversation with Mayor Lyda Krewson about possibly working together with Clayton.
Alderman Berger reported on the following: - Thanks to the Plan Commission for making a change to require architectural animation/3D modeling for commercial projects. - Thanks to citizen contributor Laura Stanton for creating an info-graphics flyer that explains the process and identifying points and opportunities for citizen engagement with regard to the Planning process. - Davis Place has started a promotion, “Love it? Lock It!” to discourage car (and home) break-ins. Shared a window sticker with the Board of Aldermen
Alderman Berkowitz reported on the following: - Ward 2 property owners have been experiencing “pop-up” inspections and receiving notifications with regard to bringing their property up to code; he suggests that communication is sent to all residents with regard to the maintenance requirements and to include the criteria.
Alderman Harris reported on the following: - Municipal League of St. Louis County Annual Installation banquet - good group of individuals; Mayor Schneider, Florissant was awarded the Buzz Westfall award.
Mayor Sanger reported on the following: - KUDOS to Nicholle Hinkle for an excellent job on BBQ Event ($4,000 was donated to Backstoppers and $4,000 was donated to Responder Rescue) and the Wine & Music Event – fantastic event!
06-13-17 BOA Minutes June 13, 2017 Page 7 of 7 - Ribbon Cutting – New Day Gluten Free - Toured the new City of Olivette City Hall and Police Station. - Toured 212 S. Meramec Development.
Alderman Harris moved that the Board adjourn to a closed meeting, with a closed vote and record, as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, and to discuss matters related to negotiation of a contract pursuant to Section 610.021(12), RSMo. and/or proprietary information pursuant to Sec. 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO. Alderman Berkowitz seconded the motion.
Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye.
There being no further business the meeting was adjourned at 8:00 p.m.
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Mayor
ATTEST:
____________________________ City Clerk