The current Conditional Use Permit allows for hours of operation from 10:30 a.m. to 9:00 p.m. seven days a week. Patrick (Pepe) Kehm was in attendance virtually to answer questions.

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Alderman McAndrew congratulated Mr. Kehm on the business model he adopted and reinvented during the pandemic adding that the restaurant is her father’s “go to” place since moving here within the last year.

Aldermen Berkowitz and Buse noted that they have not received any complaints or negative information related to the business.

Susan Istenes, Director of Planning, added that she did receive a concern from a neighbor regarding the lighting.

Mayor Harris lost virtual connect at 7:13 p.m.

Mayor Pro Tempore Lintz directed the meeting.

Lee Falk, resident, attending virtually, commented that Peno is across the street from her residence. She expressed her support for the restaurant and stressed in reference to noise that everyone, residents, businesses, and city, continue to work together, and be neighborly, and respectful.

Mayor Pro Tempore Lintz closed the public hearing.

Mayor Harris rejoined (virtually) the meeting at 7:14 p.m.

Motion made by Alderman Lintz to approve Resolution No. 2021-17

Alderman Lintz introduced Bill No. 6859, to granting a CUP to Scarola, LLC for the operation of Peno Restaurant located at 7600 Wydown Boulevard. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER SETTING THE TAX YEAR 2021 PROPERTY TAX LEVIES FOR FISCAL YEAR 2022 BUDGET – 2ND READING Janet Watson, Director of Finance and Administration, reported that just recently the city received assessed value information now that the Board of Equalization process is complete and have updated the calculations accordingly. In general, the assessed values decreased from the Board of Equalization process and new construction amounts remained the same. The levies have been revised to reflect the values as shown redlined in the tables included in the Board packet. An amendment to the ordinance will be required to accept the levy changes from the previous reading. She stated that a motion to amend Bill 6859 by the text of Bill 6859.1 would be in order before the second reading.

Motion made by Alderman Lintz to approve an amendment to Bill No. 6859 to include the revisions to the rates as provided in the Board packet. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6859.1, to approve an ordinance setting the annual property tax rates for calendar year 2021 (Fiscal Year 2022) to be read for the second time by title only. Alderman Berkowitz seconded.

Alderman Lintz introduced Bill No. 6859.1, to approve an ordinance setting the annual property tax rates for calendar year 2021 (Fiscal Year 2022) to be read for the second time by title only. Alderman Berkowitz seconded.

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City Attorney O’Keefe reads Bill No. 6859.1 as amended, second reading, an Ordinance Levying and Establishing the Rate of Annual Taxes for General Municipal Purposes; Police Building Debt Service; General Obligation Debt Service; and Special Business District Purposes to be Collected by the City of Clayton, Missouri, for the Year 2021 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. 6721 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING THE PROPOSED FISCAL YEAR 2022 OPERATING AND CAPITAL IMPROVEMENTS BUDGET – 2nd READING

City Manager Gipson reported that in July, the Board of Aldermen received the City Manager’s proposed Fiscal Year 2022 Operating and Capital Improvements Budget. As part of the budget process, the Board held a public hearing to seek public input on September 14, 2021.

Alderman Lintz introduced Bill No. 6860, to approve the Fiscal Year 2022 Operating and Capital Improvements Budget to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6860, second reading, an Ordinance Adopting an Annual Budget for Fiscal Year 2022 Commencing on October 1, 2021, 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; Alderman Feder – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6722 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING THE SALE OF SPECIAL OBLIGATION REFUNDING BONDS – SERIES 2021 – 1ST READING

City Manager Gipson reported that the proposed ordinance provides for issuing bonds for the purpose of refunding the 2011 outstanding Special Obligation bond issue so the City can achieve approximately $525,000 in savings over the lifetime of the bonds. The total estimated amount of bonds to be issued is approximately $4,915,000. That amount with the bond premium will generate the amount necessary to refund the current bonds. The maturity date on the bonds is currently December 1, 2031 (fiscal year 2032) and that date will remain.

The City’s current bond rating for Special Obligation bonds has been AA+ (AAA when issuing general obligation bonds). City staff, financial advisor and bond counsel participated in a bond credit rating call on September 15, 2021 and are now awaiting the City’s updated rating. The higher the credit rating on the bonds the lower interest costs for the bonds should be, potentially saving additional money over the lifetime of the bonds.

The proposed ordinance would authorize and direct the issuance, sale, and delivery of the $4,915,000 in Special Obligation bonds. In accordance with the Notice of Bond Sale, the sale of the bonds will occur at 10:00 a.m. on October 12, 2021, and we will know the final issuance

Board approval.

Key provisions of the MOU include Base Wages - Employees will receive a 2 percent (2%) wage increase for FY 2022 along with a step increase when available; and Holiday Pay – Allowed employees may convert 80 hours, instead of 48 hours, of holiday leave to a cash payment.

Recommendation is to approve the resolution authorizing the City Manager to enter into a Memorandum of Understanding with Fraternal Order of Police, Lodge 15, regarding compensation for Fiscal Year 2022 and other required administrative actions as may be required to comply with the intent of this resolution.

City Manager Gipson thanked the negotiating teams, specifically, Janet Watson, Erin Huett, HR Manager, Chief Mark Smith, and Attorney Brian Hey for doing a great job in a timely manner.

Motion made by Alderman Lintz to approve Resolution No. 2021-18, authorizing the City Manager to enter into an MOU with the Fraternal Order of Police, Lodge

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The motion passed unanimously on a voice vote. RECOMMENDATION FROM THE MAYOR’S COMMEMORATIVE LANDSCAPE TASK FORCE

City Manager Gipson reported that on September 14, 2021, the Mayor and Board of Aldermen received a recommendation from the Mayor’s Commemorative Landscape Task Force to remove the portrait of Ralph Clayton, which hangs behind the mayor’s seat in Council Chambers in City Hall. It is recommended that the portrait initially be a part of an educational display created in collaboration with Clayton Community Foundation at the Center of Clayton, where the whole and truthful story of this important historical figure can be told. After the display period, it was recommended that a suitable place for the portrait could be found in City Hall. Alderman Feder expressed that he would like the Board to consider a recommendation to change the last sentence in the memo to the Board to read as “After the display period, it is recommended that a suitable place for the portrait and an accompanying display should be found in City Hall.”

Alderman Lintz expressed concern to revisions that specifies the location to be City Hall and he feels that it would make more sense to be displayed at an alternate location, i.e. Hanley House, The Center of Clayton, etc.