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minutes 2018-12-11 City meeting records #qa63425ca Open original ↗

December 11, 2018 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held December 11, 2018. It records attendance, approval of prior minutes, public requests (including presentation by the Mayor’s Youth Advisory Council and a Fraternal Order of Police representative speaking about union recognition), and consideration of agenda items such as an intergovernmental agreement with Brentwood for a dog park, a Waiver/Assignment and Assumption Agreement related to the Daniele Community Improvement District (Bill No. 6704), and an amendment to the Right‑Of‑Way Usage Code concerning small cell wireless facilities (Bill No. 6706). The excerpts show motions to introduce and give unanimous consent for immediate consideration of Bills 6704 and 6706, and Bill No. 6706 was adopted on a roll call vote with all seven members recorded as “Aye.”
Cited passage

The CID has already submitted its 2019 budget to the City and has agreed to prepare and submit all prior audits to the City no later than June 30, 2019. Rob Klahr, Attorney, Armstrong Teasdale, addressed the Board to answer questions. Alderman Winings introduced Bill No. 6704, an ordinance to approve a Waiver Agreement, an Assignment, and Assumption Agreement for the Daniele Community Improvement District to be read for the first time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6704, first reading, An Ordinance of the City of Clayton, Missouri, Approving a Waiver and Agreement By and Among the City, the Daniele Community Improvement District and RBP Clayton LLC and An Assignment and Assumption of Redevelopment Agreement by and Among the City, the Daniele Community Improvement District, RBP Clayton LLC and AVR Clayton Hotel LLC; Authorizing Certain Actions in Connection Therewith; and Containing a Severability Clause by title only. The motion passed unanimously on a voice vote. Motion made by Alderman Winings that the Board give unanimous consent to consideration for adoption of Bill No. 6704 on the day of its introduction. Alderman Boulton seconded. The motion passed unanimously on a voice vote. Alderman Winings introduced Bill No. 6704, an ordinance to approve a Waiver Agreement, an Assignment, and Assumption Agreement for the Daniele Community Improvement District to be read for the second time by title only. Alderman Boulton seconded.

Alderman Boulton seconded. The motion passed unanimously on a voice vote. Alderman Winings introduced Bill No. 6703, an ordinance to approve a collective bargaining agreement for law enforcement personnel to be read for the second time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6703, second reading, An Ordinance adopting to Authorize Provisions for Collective Bargaining with Law Enforcement Personnel City of Clayton by title only. The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew – Aye; and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6568 of the City of Clayton. PRESENTATION OF THE POLICE DEPARTMENT STAFFING STUDY

12-11-18 BOA Minutes December 11, 2018 Page 6 of 10

Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition

Richard Brady, Matrix Consulting Group, addressed the Board providing a PowerPoint presentation on the study. (presentation available in the City Clerk’s office)

AN ORDINANCE TO CONSIDER APPROVING A WAIVER AND AGREEMENT AND ASSIGNMENT AND ASSUMPTION OF REDEVELOPMENT AGREEMENT RELATING TO THE REDEVELOPMENT OF 216 N. MERAMEC

City Manager Owens reported that the City, RPB Clayton LLC (the “Developer”) and the Daniele Community Improvement District (the “CID”) entered into a Redevelopment Agreement dated January 28, 2014, relating to the redevelopment of the former Daniele Hotel, located at 216 N. Meramec Avenue, into a Hampton Inn & Suites. The Redevelopment Agreement requires the CID to comply with all applicable provisions of Missouri law, including a requirement that the CID submit its annual budget to the City prior to approval by the CID. The Redevelopment Agreement also requires the CID to submit its annual audited financial statements to the City. The CID has not complied with those requirements. The City had no obligation, either under the CID Act or the Redevelopment Agreement, to remind the CID to submit those documents in a timely fashion or to otherwise demand those documents from the CID. The CID has already submitted its 2019 budget to the City and has agreed to prepare and submit all prior audits to the City no later than June 30, 2019. Rob Klahr, Attorney, Armstrong Teasdale, addressed the Board to answer questions.

Alderman Winings introduced Bill No. 6704, an ordinance to approve a Waiver Agreement, an Assignment, and Assumption Agreement for the Daniele Community Improvement District to be read for the second time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6704, second reading, An Ordinance of the City of Clayton, Missouri, Approving a Waiver and Agreement By and Among the City, the Daniele Community Improvement District and RBP Clayton LLC and An Assignment and

12-11-18 BOA Minutes December 11, 2018 Page 7 of 10

Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition

Assumption of Redevelopment Agreement by and Among the City, the Daniele Community Improvement District, RBP Clayton LLC and AVR Clayton Hotel LLC; Authorizing Certain Actions in Connection Therewith; and Containing a Severability Clause by title only. The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew – Aye; and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6569 of the City of Clayton. AN ORDINANCE TO CONSIDER APPROVING THE IMPOSITION OF A USE TAX

City Manager Owens reported that on November 6, 2018, an election was held in the City of Clayton and a majority of the voters approved the imposition of a use tax. This tax will be a local use tax at the same rate as the local sales taxes of the City of Clayton. This tax will help level the economic playing field between local retail merchants and out-of-state vendors and the revenue received will support the provision of critical municipal services. Current estimates are that this tax authorization will likely generate approximately $215,000 in annual revenue. Alderman Winings introduced Bill No. 6705, an ordinance to approve imposing the use tax to be read for the first time by title only. Alderman Boulton seconded.

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