November 8, 2022 — Meeting Minutes
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THE CITY OF CLAYTON
Board of Aldermen In-Person and Virtual Meeting November 8, 2022 7:03 p.m.
Minutes
The meeting was open to individuals to attend in-person and/or virtually via Zoom.
Mayor Harris called the meeting to order and requested a roll call. The following individuals were in attendance:
In-person: Rich Lintz, Bridget McAndrew, Susan Buse, Becky Patel, Gary Feder, Mayor Harris, and City Attorney O’Keefe
Staff: City Manager Gipson, City Clerk Frazier, and Andrea Muskopf, Assistant City Manager
Virtually: Alderman Berkowitz
Motion made by Alderman McAndrew to approve the October 25, 2022, minutes. Alderman Patel seconded.
Motion to approve the minutes passed unanimously on a voice vote.
PUBLIC REQUESTS AND PETITIONS
None
A MOTION TO CONSIDER APPROVING A LIQUOR LICENSE FOR BOX HILL GROUP - WYDOWN LLC, AT 7624 WYDOWN AVENUE
City Manager Gipson reported that Box Hill Group - Wydown LLC is requesting a liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 7624 Wydown Avenue.
Alderman Lintz moved to approve a liquor license for Box Hill Group – Wydown LLC. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
ORDINANCE - ADOPTING THE 2021 INTERNATIONAL BUILDING, Mechanical, Plumbing, residential, energy conservation, fuel gas, SWIMMING POOL AND SPA codes, AND THE EXISTING BUILDING CODE WITH AMENDMENTS – 2nd reading
City Manager Gipson reported that this is the second reading of an ordinance to adopt the 2021 International Building Code, Mechanical Code, Plumbing Code, Residential Code, Energy Conservation Code, Fuel Gas Code, Swimming Pool and Spa Code and the Existing Building Code, with Amendments. Once approved the ordinance will go into effect January 1, 2023.
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Alderman Lintz introduced Bill No. 6919, an ordinance to approve the adoption of the 2021 International Building, Mechanical, Plumbing, Residential, Energy Conservation, and Fuel Gas Codes, with amendments to be read for the second time. Alderman Berkowitz seconded.
City Attorney O’Keefe reads Bill No. 6919, second reading, an Ordinance Providing for the Repeal of Sections 500.010 and 500.020 of the Code of Ordinances of the City of Clayton, Missouri, Relating to Buildings and Structures and Enacting in Lieu Thereof New Sections 500.010 and 500.020 on the Same Subject with Certain Modifications as Hereinafter Set Forth, and Establishing Penalties for the Violation Thereof 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; Alderman Feder – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6780 of the City of Clayton.
AN ORDINANCE FOR CONSIDERATION IN ADOPTING THE 2021 INTERNATIONAL FIRE CODE WITH LOCAL MODIFICATIONS
City Manager Gipson reported that the Board of Aldermen adopted the current International Fire Code in 2015. The Fire Department staff has reviewed the 2021 International Fire Code and local amendments needed to meet the specific needs and requirements of Clayton were identified and are included in the proposed ordinance for second reading.
Alderman Lintz introduced Bill No. 6920, to approve the adoption of the 2021 International Fire Code to be read for the second time by title only. Alderman Berkowitz seconded.
City Attorney O’Keefe reads Bill No. 6920, second reading, an Ordinance Amending Sections 205.070 and 205.080 of the Municipal Code of the City of Clayton, Missouri, Regarding Fire Protection and Prevention, Adopting the 2021 International Fire Code 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; Alderman Feder – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6781 of the City of Clayton.
AN ORDINANCE TO APPROVE APPOINTING CERTAIN MEMBERS TO THE BOARD OF DIRECTORS OF THE DANIELE COMMUNITY IMPROVEMENT DISTRICT (CID) AND CORRECTION OF CERTAIN MEMBER TERMS
City Manager Gipson reported that On February 12, 2013 the City of Clayton created the Daniele Community Improvement District (CID) for the property located at 216 N. Meramec Avenue, now operating as a Hampton Inn & Suites. The CID imposes an additional 1% sales tax on the hotel (including hotel room, restaurant and gift shop sales). The CID uses the revenues from the sales tax to reimburse the Developer for certain eligible redevelopment costs.
The CID is governed by a five-member board of directors appointed by the Mayor with the consent of the Board of Aldermen. Only authorized representatives of property owners within the CID may
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be appointed to the Board of Directors. In this case, the Developer is the sole property owner within the CID.
On February 23, 2021, the Board of Aldermen approved the directors as follows: Patricia Mattz
Term Expires February 12, 2025
Mohammed Kashif
Term Expires February 12, 2025 Tom Hooper
Term Expires February 12, 2025 Tamekia Jefferson
Term Expired February 12, 2022 Judith McCray
Term Expired February 12, 2022 The CID is requesting the appointment of Tracey Rucker and Christina Philips, both to serve three-year terms that expire February 12, 2025. Directors Rucker and Philips will replace Directors Tamekia Jefferson and Judith McCray. In addition, the CID request that the Board correct the terms for Directors Mattz, Kashif and Hooper to reflect terms expiring February 12, 2024. The 2025 expiring term for all three was a clerical mistake.
Alderman Lintz introduced Bill No. 6923, to approve the appointments to the Daniele Community Improvement District Board of Directors to be read for the first time by title only. Alderman Berkowitz seconded.
City Attorney O’Keefe reads Bill No. 6923, first reading, an Ordinance of the City of Clayton, Missouri, Approving the Reappointment of Members to the Board of Directors for the Daniele Community Improvement District 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. 6923 on the day of its introduction. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
Alderman Lintz introduced Bill No. 6923, to approve the appointments to the Daniele Community Improvement District Board of Directors to be read for the second time by title only. Alderman Berkowitz seconded.
City Attorney O’Keefe reads Bill No. 6923, SECOND reading, an Ordinance of the City of Clayton, Missouri, Approving the Reappointment of Members to the Board of Directors for the Daniele Community Improvement District 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; Alderman Feder – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6782 of the City of Clayton.
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AN ORDINANCE TO CONSIDER AMENDING THE CLAYTON CITY CODE AND DECLARING DISCRIMINATORY HOUSING RESTRICTIONS INVALID AND VOID
City Manager Gipson reported that the City of Clayton, state, and federal governments have prohibited discriminatory housing practices for many years. Missouri law specifically states that no declaration or other governing document of a homeowners' association shall include a restrictive covenant in violation fair housing requirements.
The Clayton Community Equity Commission led an effort to inform neighborhoods in the community of existing racially restrictive covenants and assisted in their efforts to remove any such language. This proposed ordinance declares invalid and void any declaration, indenture, or other governing document applicable to any dwelling or area in the City of Clayton that includes a discriminatory restrictive covenant or provision in violation of the City’s housing discrimination regulations.
The Community Equity Commission unanimously recommended approval of the proposed ordinance at its regular meeting on October 13, 2022.
Ben Uchitelle, Chairman of the CEC and Chris Schmiz, CEC member were present to answer questions.
Alderman Lintz introduced Bill No. 6924, to approve an amendment to the Clayton Code declaring discriminatory housing restrictions invalid and void to be read for the first time by title only. Alderman Berkowitz seconded.
City Attorney O’Keefe reads Bill No. 6924, first reading, an Ordinance Amending the Clayton City Code and Declaring Discriminatory Housing Restrictions Invalid and Void 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. 6924 on the day of its introduction. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
Alderman Lintz introduced Bill No. 6924, to approve an amendment to the Clayton Code declaring discriminatory housing restrictions invalid and void to be read for the second time by title only. Alderman Berkowitz seconded.
City Attorney O’Keefe reads Bill No. 6924, second reading, an Ordinance Amending the Clayton City Code and Declaring Discriminatory Housing Restrictions Invalid and Void 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; Alderman Feder – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6783 of the City of Clayton.
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A RESOLUTION TO APPROVE A CONTRACT WITH SIKICH LLP FOR AUDIT SERVICES FOR THE CITY AND THE CRSWC
City Manager Gipson reported that the City recently issued a request for proposals for audit services for the annual audit of the City and CRSWC for fiscal years 2022 through 2026. Staff has found that bidding for both entities simultaneously reduces costs and is more efficient. Our previous contract was for five (5) years with a two (2) year extension, with RubinBrown, who declined to bid this time.
Ten (10) firms were invited by the City to submit proposals for audit services, including a single audit for the City and CRSWC for Fiscal Years 2022 through 2026. Two (2) responses were received, with both firms meeting the basic criteria established in the RFP.
Motion made by Alderman Lintz to approve Resolution No. 2022-23, a contract with Sikich LLP for auditing services for Fiscal Years 2022-2026. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
A RESOLUTION TO CONSIDER SUPPORTING THE LIGHTS OUT HEARTLAND CAMPAIGN
City Manager Gipson reported that this is a resolution to consider the City of Clayton supporting the Lights Out Heartland Campaign.
The City of Clayton Sustainability Advisory Committee (SAC) discussed this topic at their October meeting and voted to forward this recommendation to the Board of Alderman for consideration.
Deb Grossman, Chairman of the Sustainability Committee and Stephanie Todd, Missouri Chapter of the International Dark-Sky Association were in attendance to answer questions.
Motion made by Alderman Lintz to approve Resolution No. 2022-24, in support of the Lights Out Heartland Campaign. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
A RESOLUTION TO CONSIDER MEMBERSHIP IN THE MIDWEST CLIMATE COLLABORATIVE (MCC) PROGRAM
City Manager Gipson reported that this is a resolution to consider the City of Clayton joining the Midwest Climate Collaborative (MCC).
The City of Clayton Sustainability Advisory Committee (SAC) discussed this topic at their September meeting and voted to forward this recommendation to the Board of Alderman for consideration.
Motion made by Alderman Lintz to approve Resolution No. 2022-25, for the City of Clayton to join the Midwest Climate Collaborative Program. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
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A RESOLUTION TO CONSIDER THE PURCHASE OF MOBILE AND PORTABLE RADIOS WITH ASSOCIATED EQUIPMENT FOR FIRE DEPARTMENT
City Manager Gipson reported that in November 2008, Proposition H was passed in St. Louis County in which part of this proposition provided funding for public safety entities to replace their existing fleet of mobile and portable radios in order to communicate between entities. This project was completed in 2012. This proposition did not however, account for replacement of these units which is every ten years.
As ten years has passed, it has now come to the point that these units do not have the capability to be updated with new technology and replacement parts.
In anticipation of the FY23 purchase, Staff has been working with Motorola, Inc., in cooperation with St. Louis County’s Emergency Communications Commission (ECC) over several months to make sure all equipment and service meets our needs and is delivered and installed in a timely manner.
The Equipment Replacement Fund (ERF) funding for this radio project for FY23 will not exceed $252,000.
Motion made by Alderman Lintz to approve Resolution No. 2022-26, for the purchase of mobile and portable radios with associated equipment for the Fire Department. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
RECOMMENDATION FROM THE CLAYTON COMMUNITY EQUITY COMMISSION
City Manager Gipson reported that the Clayton Community Equity Commission (CEC) has held numerous discussions on affordable housing. Much of this conversation has centered on the preservation of existing two-family dwellings in predominantly single-family neighborhoods and potential changes to land use policy that would allow a wider range of housing opportunities in single-family zoned neighborhoods. The following recommendations were presented to the Board of Aldermen for consideration:
1. The Community Equity Commission recommends that duplexes that are grandfathered in neighborhoods that have since been zoned as single-family be afforded the same rights to change or modify their building as single-family dwellings. This would include the right to replace a duplex with a duplex in the event of catastrophic damage to an existing structure. a. Specifically, The Community Equity Commission recommends that the board of aldermen consider amending sections 405.440 and 405.450 of the City Zoning Code relating to “non- conforming uses” so that currently existing two-family duplexes are specifically excluded from restrictions contained in those sections of the code. 2. The CEC recommends that the term “Granny Flat” be replaced with Accessory Dwelling Unit (ADUs) in all zoning documents.
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The CEC requests a place at the table when it comes to planning future residential zoning codes.
Motion made by Aldermen Lintz to accept the CEC recommendations. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
AUTHORIZATION FOR COMMEMORATIVE PLAQUES
City Manager Gipson reported that the Mayor’s Commemorative Landscape Task Force has been working to commemorate important parts of Clayton history that have been overlooked, including the Black Neighborhood that once called Clayton home. It is requested that the Board of Aldermen approve the proposed marker verbiage to commemorate the Black Neighborhood as stated below and authorize $6,000 to be spent on the purchase of commemorative markers during FY2023. The marker will follow the Clayton Community Foundation (CCF) plaque design as pictured on Page 2 of this memo. It is estimated that each marker will cost $3,000 to design, construct and install. The FY2023 Budget includes $6,000 for Board and Commissions expenditures. Motion made by Alderman Lintz to approve the purchase of the commemorative plaques. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
ALDERMANIC COMMITTEE ASSIGNMENTS
City Manager Gipson reported that Alderwoman Bridget McAndrew is assigned to the Plan Commission/ARB and Alderman Ira Berkowitz is assigned to the Parks & Recreation Commission.
Motion made by Alderman Lintz to approve the assignments. Alderman Berkowitz seconded.
The motion passed unanimously on a voice vote.
AUTHORIZATION TO PRINT AND MAIL THE CITY OF CLAYTON SOLID WASTE SURVEY
City Manager Gipson reported that this is a discussion to approve the printing and mailing of the solid waste survey.
Motion made by Alderman Lintz to authorize staff to print and mail the solid waste survey. Alderman McAndrew seconded.
The motion passed unanimously on a voice vote.
OTHER
Alderman Lintz reported that Coffee with a Cop was held last week at Kaldi’s on DeMun.
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Alderman Berkowitz reported that Ward 2 Coffee was held on October 30; two people attended; discussion on the survey; Alderman Buse reported that the neighborhood who shared information on the leaf blowers was one of the attendees
Alderman McAndrew reported on the following: • CRSWC Finance meeting o Membership is up o Discussion/brainstormed ideas to increase rentals (i.e. allow alcohol, etc.) o Lifeguard shortage; Midwest Pool is continuing to recruit • Parks & Recreation Commission o Presentation on the Commons’ study o Had a great swim and tennis season o Demolition begins on the ice rink tomorrow o Approved for $400,000 grant for Maryland Park o Party in the Patch – over 400 in attendance • Polo Neighborhood meeting • Ivy Café – encouraged everyone to visit
Alderman Patel reported on the following: • Sustainability Committtee – expressed gratitude to Bill Chamberlain (former chair); welcomed Deb Grossman • Forest Park Forever
Alderman Feder reported on the following: • Polo neighborhood annual meeting • Attended the CEC meeting last week • 1967 Washington University fraternity photo
Mayor Harris reported on the following: • St. Louis Metro Mayors – discussion on stricter gun control laws; creating a Crime Task Force for Mayors to support the Police Department(s) Crime Task Force; group going to Jefferson City
Motion made by Alderman Feder 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 Patel seconded.
The motion passed on a roll call vote: Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; and Mayor Harris – Aye.
The meeting adjourned at 8:32 p.m.
____________________________
Mayor
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ATTEST: ____________________________ City Clerk