Alderman Winings moved that the Board table Bill No. 6765, approving and authorizing execution of an Agreement for the Sale and Development of 602 South Hanley Road. Alderman Boulton seconded.

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The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER APPROVING THE CLOSING OF SALE OF 8049 FORSYTH BOULEVARD AND RELATED ANCILLARY DOCUMENTS

(8:37 p.m.) Alderman Winings recused himself.

Interim City Manager Watson reported that on September 5, 2019, 8049 Forsyth Acquisitions, LLC (“Forsyth”) and the City entered into an Agreement of Purchase and Sale (“Purchase Agreement”) concerning the sale of the City-owned property located at 8049 Forsyth Boulevard. The agreed upon price for the property under the Purchase Agreement is $2,625,000. The Purchase Agreement allows Forsyth until December 4, 2019 to obtain all necessary governmental approvals for its proposed project. In addition, the Purchase Agreement gives the City the right to terminate the Agreement if, in the exercise of a broad, discretionary standard of approval (the “City’s Approval Right”), the City does not approve the developer’s proposed project. Forsyth has not obtained its governmental approvals for its proposed project, and the City has not approved Forsyth’s proposed project pursuant to the City’s Approval Right. Forsyth would like to close the sale of the Property, prior to obtaining such approvals and at their own risk, to permit Forsyth to complete a Section 1031 exchange prior to expiration of its six month replacement period due to expire on or about December 6, 2019 and to fulfil certain obligations to potential tenants. Section 1031 is a reference to Internal Revenue Code that allows the reinvestment of property sale proceeds into another with a lesser tax obligation.

Andrew Galakatos, 8025 Maryland Avenue, addressed the Board stating that he is pleased to know that the sales agreement has a buy back option. He asked that the Board take more time to reconsider the approval and to move to table the issue.

Alderman Berkowitz expressed concerns about the Arts & Entertainment (agreement) (1) the “temporary closure” and the limit of ten days’ notice to the City; (2) there are no provisions/approvals from the City.

Alderman Lintz inquired as to the Design Approval Agreement, size of garage, and the Terrace Use Agreement.

Franz vonKaenel, Armstrong Teasdale, addressed the Board to answer questions.

Scott Haley, 8027 Forsyth Acquisitions, LLC, addressed the Board to answer questions.

Alderman Boulton introduced Bill No. 6764, an ordinance to approve the closing of sale of 8049 Forsyth Boulevard and related ancillary documents to be read for the first time by title only. Alderman Boulton seconded.

Aye – 4 (Lintz, McAndrew, Buse, and Harris); Nay – 2 (Boulton and Berkowitz)

9:35 p.m., Alderman Winings rejoined the meeting.

A RESOLUTION TO CONSIDER APPROVING AN AMENDMENT TO THE NON-UNIFORMED PENSION PLAN INVESTMENT POLICY STATEMENT

A RESOLUTION TO CONSIDER APPROVING AN AMENDMENT TO THE UNIFORMED PENSION PLAN INVESTMENT POLICY STATEMENT

Aye – 4 (Lintz, McAndrew, Buse, and Harris); Nay – 2 (Boulton and Berkowitz)

9:35 p.m., Alderman Winings rejoined the meeting. A RESOLUTION TO CONSIDER APPROVING AN AMENDMENT TO THE NON-UNIFORMED PENSION PLAN INVESTMENT POLICY STATEMENT

A RESOLUTION TO CONSIDER APPROVING AN AMENDMENT TO THE UNIFORMED PENSION PLAN INVESTMENT POLICY STATEMENT

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Interim City Manager Watson reported that the Board of Aldermen have the responsibility for approving and revising the investment policies for both the Uniformed Employees’ Pension Plan and the Non-Uniformed Employees’ Pension Plan as outlined in the plan documents. Recently, the Missouri Joint Committee on Public Employee Retirement (JCPER) implemented statutory requirements for public pension systems to develop an affirmative action plan for the utilization of minority and women money managers, brokers and investment counselors, with annual reporting requirements of this information.

This topic was discussed with Asset Consulting Group (ACG), the investment advisor for both plans, over the course of two quarterly trustee meetings. To aid clients in this regard, ACG has already begun collecting diversity and inclusion data for all current and potential managers within the City’s pension portfolios. The data collected is related to gender and race demographics for firm ownership, total firm-wide investment team, strategy-specific investment team, and the operations/administrative group. They collect this data using industry best practices, although the data is self-reported by the investment firms. This information will be valuable for annual reporting and for evaluating future investment managers.

The trustees of both boards recommended a change to each plan’s investment policy statement. The added language calls for the trustees to provide opportunities for minority and women-owned investment advisors and managers during selection processes, as well as comply with all aspects of the new statutory requirements.

Motion made by Alderman Winings to approve Resolution No. 19-14, an amendment to the Non-Uniformed Employees Retirement Plan Investment Policy Statement. Alderman Boulton seconded.

The motion passed unanimously on a voice vote.

Alderman Winings Resolution No. 19-15, an ordinance to approve an amendment to the Uniformed Employees Retirement Plan Investment Policy Statement.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER APPROVING A CONTRACT WITH PACE CONSTRUCTION COMPANY LLC FOR THE BRENTWOOD BLVD RESURFACING CONTRACT

Interim City Manager Watson reported that the Public Works Department is requesting approval of a construction contract for the federally funded Brentwood Boulevard Resurfacing Project with Pace Construction Company LLC. This project includes the mill and asphalt overlay on Brentwood from Forsyth to Clayton Road, replacement of curb ramps to come into ADA compliance, installation of a median just north of Forest Park Parkway, updates to select pedestrian signals for ADA compliance and installation of bicycle markings and signs.

Matt Malick, Interim Director, Public Works, addressed the Board to answer questions.

Alderman Winings introduced Bill No. 6758, an ordinance to approve a contract with Pace Construction Company, LLC for the Brentwood Boulevard Resurfacing Project to be read for the first time by title only. Alderman Boulton seconded.

Alderman Boulton seconded. The motion passed unanimously on a voice vote.

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Alderman Winings introduced Bill No. 6763, an ordinance to approve an amendment to Sections 100.170 and 375.030 of the Municipal Code relating to the towing of vehicles on public property due to outstanding parking violations to be read for the second time by title only. Alderman Boulton seconded.

City Attorney O’Keefe reads Bill No. 6763, second reading, an Ordinance Amending Sections 100.170 and 375.030 of the Municipal Code Relating to the Towing of Vehicles on Public Property Due to Outstanding Parking Violations by title only.

The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; and Mayor Harris – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6626 of the City of Clayton.

Other

Alderman Boulton reported that they are reaching out to the people who have submitted applications for the Community Equity Commission (CEC).

Alderman Lintz reported on the Plan Commission/ARB meeting.

Alderman McAndrew reported on the Harvest Festival held at the Hanley House; Patty DeForrest and staff did a great job.

Mayor Harris reported on the following: • Mayor’s Youth Advisory Council (MYAC) – focusing their project on sustainability. • Municipal League of St. Louis County – eight County nominees for the Board of Freeholders were approved.

Interim City Manager Watson provided an update on the water main break on Bonhomme Avenue.

There being no further business the meeting adjourned at 10:00 p.m.

____________________________

Mayor

ATTEST:

____________________________ City Clerk