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Franz vonKaenel, Armstrong Teasdale, addressed the Board with concerns on the specific language in the Arts and Entertainment Agreement (page 2, Section 4.1). He requested to add the following: “The A&E venue may be temporarily closed for reasonable periods of time not to exceed six months in any consecutive three-year period, except with the City’s approval. Which approval shall not be unreasonably conditioned, delayed, or withheld as necessary for repurposing, renovations, repairs, condemnation, or events of Force Majeure” which will provide additional flexibility for the operation of the venue. City Attorney O’Keefe noted that the provision does not allow to put the space for other use. Alderman Buse suggested that if in fact there are a series of closures that hit a certain number within the 20-year period, the 20-year period could be extended which may benefit both the City and the developer. Jim Koman, US Capital, addressed the Board stating that the intent is to never close the space, but if that happens, he urges the Board to amend the current language in order to provide opportunity to be more flexible in order to find a successful use for the venue. Alderman Boulton stating that the current language states “four permitted closures...and any additional temporary closures…; as things change the current Board at that time can make decisions as reasonable. Mayor Harris stated that a three-year window is an improvement to the current language.

Alderman Boulton stating that the current language states “four permitted closures...and any additional temporary closures…; as things change the current Board at that time can make decisions as reasonable. Mayor Harris stated that a three-year window is an improvement to the current language. Alderman McAndrew stated that this is a new concept for Clayton and feels that they need to flexible; a three-year time frame is a good compromise. Alderman Lintz asked for clarification of the three-year concept; adding that he likes the draft of the language that staff has presented. Alderman Berkowitz expressed concerns of what the space will end up looking like. Interim City Manager Watson references the permitted uses. Mr. Koman stated that he is withdrawing his request for an amendment. City Attorney O’Keefe proposed the following: “In each case of permitted closure Forsyth shall be entitled to four permitted closures during the term and any additional temporary closures shall require a prior written approval from the City provided that permitted closures cannot occur more than once in any three-year period.”

Mr. vonKaenel and Mr. Koman both agreed to accept the proposed language. Motion made by Alderman Boulton to amend Bill No. 6764 by the text of the Arts & Entertainment Venue Agreement and the Terrace Use Agreement distributed this evening with the additional interlineation of language previously recited in Section 4.1 of the Arts & Entertainment Venue Agreement. Alderman Lintz seconded. The motion passed unanimously on a voice vote.

In response to Aldermen Lintz’ question, Mr. Malick noted that the chart in the packet is incorrect and that he would provide the correct chart electronically. Alderman Boulton introduced Bill No. 6766, an ordinance to approve On-Call Contracts with Engineering, Architecture, and Surveying Consultants to be read for the first time by title only. Alderman Lintz seconded. City Attorney O’Keefe reads Bill No. 6766, first reading, an Ordinance Approving On-Call Contracts with Engineering, Architecture, and Surveying Consultants by title only. The motion passed unanimously on a voice vote. Motion made by Alderman Boulton that the Board give unanimous consent to consideration for adoption of Bill No. 6766 on the day of its introduction. Alderman Lintz seconded. The motion passed unanimously on a voice vote. Alderman Boulton introduced Bill No. 6766, an ordinance to approve On-Call Contracts with Engineering, Architecture, and Surveying Consultants to be read only for the second time by title only. Alderman Lintz seconded. City Attorney O’Keefe reads Bill No. 6766, second reading, an Ordinance Approving On- Call Contracts with Engineering, Architecture, and Surveying Consultants by title only.

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The motion passed on a roll call vote: Alderman Boulton – Nay; Alderman Lintz – Aye; Alderman Berkowitz – Nay; Alderman McAndrew – Aye; Alderman Buse – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6628 of the City of Clayton. MOTION TO CONSIDER APPROVING ALDERMANIC COMMITTEE ASSIGNMENT

Interim City Manager Watson reported that On September 24, 2019 the Mayor and Board of Aldermen approved an ordinance establishing the Community Equity Commission. In order to be consistent with the Charter requirements all appointments/assignments to the Boards and Commissions requires approval by the Board of Aldermen. Mayor Harris has proposed to appoint Alderman Joanne Boulton and Alderman Susan Bradley Buse as the aldermanic representatives to the Commission. Motion made by Alderman Boulton to approve the appointments. Alderman Lintz seconded. The motion passed unanimously on a voice vote. A MOTION TO CONSIDER APPROVING THE YEAR 2020 BOARD OF ALDERMEN MEETING SCHEDULE

The 2020 Board of Aldermen meeting schedule is presented for approval prior to posting.