May 11, 2021 — Meeting Minutes

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THE CITY OF CLAYTON

Board of Aldermen Virtual Zoom Meeting May 11, 2021 7:08 p.m.

UMinutes

NOTE: In accord with the provisions of Section 610.015, RSMo., and multiple declarations of emergency at every level of government, and the prohibition on gatherings of 10 or more persons due to the Coronavirus pandemic, normal requirements for voting in the Board meeting were suspended. Accordingly, votes were taken as if all Board members were physically present and in attendance at the meeting.

Mayor Harris called the meeting to order and requested a roll call. The following individuals were in attendance:

Aldermen: Rich Lintz, Ira Berkowitz, Bridget McAndrew, Susan Buse, and Becky Patel.

Mayor Harris City Manager Gipson City Attorney O’Keefe

Motion made by Alderman Lintz to approve the April 27, 2021 (1st meeting and 2nd meeting) minutes. Alderman Berkowitz seconded.

Motion to approve the minutes passed unanimously on a voice vote.

41TUPUBLIC REQUESTS AND PETITIONS

None

MOTION TO CONSIDER APPROVING A LIQUOR LICENSE UPGRADE FOR CLAYTON WINE HOUSE LOCATED AT 7911 CLAYTON ROAD

City Manager Gipson reported that Clayton Wine House, LLC is requesting to upgrade their current liquor license (all kinds of intoxicating liquor at retail by the package, except Sunday and special permit for wine, malt beverage and distilled spirit tastings) to sell all kinds of intoxicating liquor at retail by the drink, except Sunday, at 7911 Clayton Road.

This new license would allow the Clayton Wine House, LLC to sell glasses of wine or beer for consumption while customers shop at the store.

Karen Missey, Operating Manager, Clayton Wine House, attended the meeting (virtually) to answer questions from the Board.

Ms. Missey stated that they are anticipating opening in June and that the request for an upgrade to the liquor license is to provide customers the opportunity to open their bottles (purchase) in the store; they will set-up tables and also offer tasting and educational opportunities.

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Motion made by Alderman Lintz to approve the upgrade to the liquor license for the Clayton Wine House LLC. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO SECTION 215.765 TO MODIFY THE ALLOWABLE HOURS OF USAGE FOR MOTOR-DRIVEN OUTDOOR MAINTENANCE EQUIPMENT

City Manager Gipson reported that at the April 27, 2021 meeting, the Board of Aldermen discussed an ordinance revision that would reduce the permitted hours of use to only allow such activity from 9:00 AM to 5:00 PM on Saturday, Sunday, and holidays. The Board ultimately directed staff and the city attorney to revise the ordinance language to allow homeowners and occupants to use motor-driven equipment as currently permitted but restrict contracted services during the weekend. Bill No. 6836.1 is a substitute for Bill No. 6836 and was amended, copy included in the Board packet.

Mayor Harris commented that her thoughts were to also have the Sustainability Committee discuss the proposed changes as it relates to the environment.

Alderman Buse commented that the proposed change was brought to the Board due to citizen concerns on protecting their early mornings and evenings as related to noise. She recommends that the Board keep the two issues, environmental (air pollution) and the noise from motorized equipment as separate considerations. She also inquired as to how the City would enforce the ordinance.

City Manager Gipson noted that most likely the violations will be complaint driven, therefore the enforcement will be controlled by the Police Department.

Alderman Lintz agreed with Alderman Buse recommending that the Board deal with the noise issue now, discuss the environmental issue in the future, and keep both separated.

Alderman McAndrew added that she would also like to keep both issues separate.

Alderman Linz introduced Bill No. 6836.1, to approve an amendment to Section 215.765 modifying the allowable hours of usage for motor-driven outdoor maintenance equipment to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney reads Bill No. 6836.1, first reading, an Ordinance to Amend Section 215.765 to Modify the Allowable Hours of Usage for Motor-Driven Outdoor Maintenance Equipment for the first time 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. 6836.1 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

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Alderman Lintz introduced Bill No. 6836.1 to approve an amendment to Section 215.765 modifying the allowable hours of usage for motor-driven outdoor maintenance equipment to be read for the second time by title only. Alderman Berkowitz seconded.

Alderman Berkowitz expressed concern about the title of the ordinance being confusing and that citizens may not entirely understand its meaning by interpreting it to mean that they cannot use any motorized lawn equipment.

City Manager Gipson stated that staff will provide a notice in the City’s communications, CityViews, Clayton Connections, City’s webpage, etc., on the approved amendment that will include an explanation of the change(s).

City Attorney O’Keefe noted that the title states that the ordinance is “modifying the allowable hours…”

City Attorney reads Bill No. 6836.1, second reading, an Ordinance to Amend Section 215.765 to Modify the Allowable Hours of Usage for Motor-Driven Outdoor Maintenance Equipment for the second time 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; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6696 of the City of Clayton.

Alderman McAndrew gave recognition to Alderman Sokol as the reason and result of the proposed change.

ORDINANCE TO CONSIDER APPROVING THE FY2021 2ND QUARTER BUDGET AMENDMENT

Janet Watson, Director of Finance and Administration reported that as part of the quarterly budget review, staff is presenting for the Board’s consideration the first amendment to the Fiscal Year 2021 (FY21) budget. Most of this amendment consists of expenditure reductions in the General Fund and related program revenue reductions, the receipt of additional grants for capital projects, and changes in the amount of project costs and related transfers. The proposed amendment is as summarized in the Board packet.

Alderman Linz introduced Bill No. 6837, to approve the FY2021 2nd Quarter Budget amendment to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney reads Bill No. 6837, first reading, an Ordinance Amending the Fiscal Year 2021 Budget and Appropriating Funds Pursuant Thereto 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. 6837 on the day of its introduction. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

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Alderman Linz introduced Bill No. 6837, to approve the FY2021 2nd Quarter Budget amendment to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney reads Bill No. 6837, second reading, an Ordinance an Ordinance Amending the Fiscal Year 2021 Budget and Appropriating Funds Pursuant Thereto 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; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6697 of the City of Clayton.

FY2021 2ND QUARTER FINANCIAL REPORT

Janet Watson, Director of Finance and Administration reported that the financial report will include the budget amendment previously approved; providing a summary of the report as presented in the Board packet.

MOTION TO APPROVE THE APPOINTMENT OF AN ALDERMANIC REPRESENTATIVE TO THE NON-UNIFORMED EMPLOYEES’ RETIREMENT FUND (NUERF) AND THE UNIFORMED EMPLOYEES’ RETIREMENT FUND (UERF)

City Manager Gipson reported that due to an unexpected vacancy on the Non-Uniformed Employees Retirement Fund Board and the Uniformed Employees Retirement Fund Board Mayor Harris is proposing to appoint Alderman Patel as the aldermanic representative.

The City Charter requires that all appointments/assignments to the Boards and Commissions necessitates approval by the Board of Aldermen.

Motion made by Alderman Lintz to approve the appointment of Alderman Becky Patel to the NUERF and UERF Boards. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

ORDINANCE TO CONSIDER APPROVING AUGUST 3, 2021 T0 HOLD A SPECIAL ELECTION

City Manager Gipson reported that the Clayton community was saddened by the recent sudden death of our neighbor and colleague Dan Sokol, who joined our Board as Alderman from Ward III just a year ago.

Section 5 of Article II of the Clayton City Charter provides as follows: “In case of a vacancy in the office of … alderman, the board of aldermen shall make arrangements for a special election to fill such vacancy for the unexpired term.”

The ordinance proposes that a special election shall be held in Ward III of the City of Clayton on Tuesday, August 3, 2021, for the purpose of electing a successor to Alderman Daniel R. Sokol in the office of Alderman for Ward III, such successor to serve the remainder of the term for that office.

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Mayor Harris clarified that this is an ordinance presented to the Board and not a motion as listed on the agenda.

Mayor Harris noted that Alderman Sokol is sorely missed.

Alderman Lintz introduces Bill No. 6838, an ordinance to hold a special election on August 3, 2021 to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney will read Bill No. 6838, first reading, an Ordinance Calling a Special Election to Fill a Vacancy in the Office of Alderman for Ward III in the City of Clayton, Missouri for the first time 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. 6838 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduces Bill No. 6838, an ordinance to hold a special election on August 3, 2021 to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney will read Bill No. 6838, second reading, an Ordinance Calling a Special Election to Fill a Vacancy in the Office of Alderman for Ward III in the City of Clayton, Missouri for the second time 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; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6698 of the City of Clayton.

Other

Alderman Lintz reported on the following: • Plan Commission/ARB – the signage request for 801 Chophouse was tabled due to a no show by the applicants.

Alderman Berkowitz reported on the following: • Parks & Recreation Commission o Installing additional shading at Shaw Park pool o Discussed a proposed name change for Haddington Court o The Chamber of Commerce’s Parties in the Park is relocating back to Shaw Park

Alderman McAndrew reported on the following: • Parks & Recreation Commission - The City will take back ownership of Anderson Park in December from the MSD Project Clear tunnel project.

• CRSWC Finance Committee – discussion on proposed fee increases.

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Alderman Buse reported on the following: • Clayton Community Equity Commission will meet on Thursday; discussion with Law Enforcement Sub-Committee – Municipal Courts – selection of municipal judge; discussion on neighborhood watch signage • Sustainability Committee – will be discussing Mayor Harris’ suggestion regarding pollution related to motor driven lawn equipment

Alderman Patel expressed thanks to the department heads for the “onboarding” training.

Mayor Harris reported on the following: • The Mayor’s for Meals event was successful, thanks to Chief Smith and Cpl. Jenny Schwartz for their help • MYAC met last week and toured the Public Works facilities and the Fire Department

City Manager Gipson announced that a special meeting for the Board of Aldermen will be held Tuesday, May 18.

Motion made by Alderman Patel 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 Buse seconded the motion.

The motion passed on a roll call vote: Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; and Mayor Harris – Aye.

There being no further regular business the meeting adjourned at 7:57 p.m.

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Mayor ATTEST: ____________________________ City Clerk