October 11, 2022 — Agenda

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CITY OF CLAYTON BOARD OF ALDERMEN DISCUSSION SESSION – 6:00 P.M. TUESDAY, OCTOBER 11, 2022 CLAYTON, MO 63105

1. Resident survey.

Subject to a motion duly made in open session and a roll call vote pursuant to Section 610.022 the Board of Aldermen may also hold a closed meeting, with a closed vote and record for one or more of the reasons as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, negotiation of a contract pursuant to Section 610.021(12) RSMO., proprietary information pursuant to Section 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO. ____________________________________________________________________________

CITY OF CLAYTON BOARD OF ALDERMEN TUESDAY, OCTOBER 11, 2022 CITY HALL, 10 N. BEMISTON AVENUE CLAYTON, MO 63105 7:00 P.M.

ROLL CALL

MINUTES – September 27, 2022

PUBLIC REQUESTS & PETITIONS

PUBLIC HEARING

1. Resolution – Conditional Use Permit for 8131 Westmoreland Avenue. (Res. No. 2022- 21)

1 CITY MANAGER REPORT

1. Motion - Liquor license for Midas Hospitality located at 8125 Forsyth Boulevard.

2. Ordinance – Amendment to the Special Development District Subdistrict Plan for 8126 Forsyth Boulevard. (Bill No. 6914) – 2nd Reading

3. Ordinance – Contract for the FY2023 Compensation and Benefits study. (Bill No. 6918)

EXECUTIVE SESSION

The Board of Aldermen may also hold a closed meeting, with a closed vote and record for one or more of the reasons as authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, negotiation of a contract pursuant to Section 610.021 (9)(12) RSMO., proprietary information pursuant to Section 610.021(15), and/or information related to public safety and security measures pursuant to Section 610.021(18) and (19) RSMO.

Agenda topics may be added or deleted at any time prior to the Board of Aldermen meeting without further notice. To inquire about the status of agenda topics, call 290.8469. Individuals who require an accommodation (i.e., sign language, interpreter, listening devices, etc.) to participate in the meeting should contact the City Clerk at 290.8469 or Relay Missouri at 1.800.735.2966 (TDD) at least two working days prior to the meeting.

2 THE CITY OF CLAYTON

Board of Aldermen In-Person and Virtual Meeting September 27, 2022 7:10 p.m.

Minutes

The meeting was open to individuals to attend in-person and/or virtually via Zoom.

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

In-person: Bridget McAndrew, Susan Buse, Becky Patel, Gary Feder, Mayor Harris, and City Attorney O’Keefe

Staff: City Manager Gipson, City Clerk Frazier, and Anna Krane, Director of Planning and Development

Virtually: Aldermen Berkowitz

Absent: Alderman Rich Lintz

Motion made by Alderman McAndrew to approve the September 13, 2022, minutes. Alderman Berkowitz seconded.

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

PUBLIC REQUESTS AND PETITIONS

None

Mayor Harris announced that there was a change in the agenda and at the request of the Clayton Equity Commission (CEC) the motion for the CEC recommendation will not be heard during tonight’s meeting.

A MOTION TO CONSIDER APPROVING A REINSTATEMENT OF A LIQUOR LICENSE FOR SEEDZ CAFE LOCATED AT 6344 S. ROSEBURY AVENUE

City Manager Gipson reported that Seedz Café is requesting reinstatement of their liquor license to sell all kinds of intoxicating liquor at retail by the drink, including Sundays, at 6344 S. Rosebury Avenue.

Liquor license renewals for license year 2022-2023 were due on July 31, 2022. The renewal application for Seedz Café was submitted on August 17, 2022

Monty Groelner, owner, and partner Carol were in attendance to answer questions.

Motion made by Alderman Berkowitz to approve the reinstatement of a liquor license for Seedz Café located at 6344 S. Rosebury Avenue. Alderman McAndrew seconded. 09-27-2022 BOA Minutes September 27, 2022 Page 1 of 9

3 The motion passed unanimously on a voice vote.

A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING A SUBDIVISION PLAT (LOT CONSOLIDATION) 128-132 NORTH BRENTWOOD BOULEVARD

Mayor Harris opened the public hearing and requested proof of publication.

City Manager Gipson reported that this is a public hearing and subsequent ordinance to consider approving a subdivision plat for the consolidation of Lot 3 and Lot 4 of the Old Town West Subdivision of the City of Clayton to create one (1) lot. All lots have a zoning designation of R-4 Low Density Multiple-Family Dwelling District.

Mayor Harris closed the public hearing.

Alderman Berkowitz introduced Bill No. 6913, an ordinance to approve a lot consolidation and plat for 128-132 N. Brentwood Boulevard to be read for the first time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6913, first reading, an Ordinance Providing for the Approval of a Plat to Consolidate Certain Property Located on North Brentwood Boulevard in the City of Clayton, Missouri by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 6913 on the day of its introduction. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

Alderman Berkowitz introduced Bill No. 6913, an ordinance to approve a lot consolidation and plat for 128-132 N. Brentwood Boulevard to be read for the second time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6913, second reading, an Ordinance Providing for the Approval of a Plat to Consolidate Certain Property Located on North Brentwood Boulevard in the City of Clayton, Missouri by title only.

The motion passed on a roll call vote: 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. 6770 of the City of Clayton.

PUBLIC HEARING AND AN ORDINANCE TO CONSIDER AMENDING A SPECIAL DEVELOPMENT DISTRICT SUBDISTRICT PLAN FOR THE PROPERTY ADDRESSED 8125 FORSYTH BOULEVARD TO MODIFY THE STREETSCAPE AND PLANTING PLAN

Mayor Harris opened the public hearing and requested proof of publication.

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4 City Manager Gipson reported that the 0.52-acre site is located on the north side of Forsyth Boulevard between Brentwood Boulevard and Maryland Avenue and has a zoning designation of Special Development District (SDD). On October 13, 2020, the Board of Aldermen approved the Subdistrict Development Plan for the subject property to allow for the hotel development currently under construction.

This is a request to amend the final development plan to revise the streetscape plan. The approved plan calls for nine trees to be planted as part of the City Standard Streetscape. The applicant is proposing to plant five street trees.

Section 405.1320 outlines the process for adjustments to an approved Special Development District or Subdistrict Development Plan. The proposed amendment is considered a major amendment to the streetscape plan and therefore requires a public hearing and review by the Board of Aldermen.

Matt Malik, Director of Public Works and Anna Krane were present to answer questions.

David Robert, CEO, Midas Hospitality, addressed the Board to answer questions.

Discussion was had to possibly consider the installation of flower baskets as additional greenery on the light posts as part of the replacement of the trees, therefore adding it as a condition of the ordinance. Mr. Robert stated that they were fine with that suggestion.

Mayor Harris closed the public hearing.

Alderman Berkowitz introduced Bill No. 6914, an ordinance to approve an amendment to the Special Development District Subdistrict Plan for 8126 Forsyth Boulevard and repealing Ord. No. 6667 and any other conflicting ordinances to be read for the first time. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6914, first reading, an Ordinance Approving an Amended Subdistrict Development Plan for Subdistrict/Phase 5 of The Forsyth Center Special Development District, Repealing Conflicting Ordinances, and Other Actions Related Thereto by title only.

The motion passed unanimously on a voice vote.

A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER SETTING THE TAX YEAR 2022 PROPERTY TAX LEVIES FOR FISCAL YEAR 2023 BUDGET – 2nd READING

City Manager Gipson reported that as part of the property tax levy process, the Board held a public hearing to seek public input on the proposed tax rates at the September 13, 2022, meeting.

Karen Dilber, Director of Finance, was present to answer questions.

Alderman Berkowitz introduced Bill No. 6911, an ordinance to approve the Property Tax Levies for Tax Year 2022 (FY2023) to be read for the second time by title only. Alderman McAndrew seconded.

09-27-2022 BOA Minutes September 27, 2022 Page 3 of 9

5 City Attorney O’Keefe reads Bill No. 6911, 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 2022 by title only.

AN ORDINANCE TO CONSIDER APPROVING THE PROPOSED FISCAL YEAR 2023 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 2023 Capital Improvements Budget, and in August the Board received the proposed Fiscal Year 2023 Operating Budget. As part of the budget process, the Board is required to hold a public hearing to seek public input prior to formal budget adoption. The public hearing was held at the Board of Aldermen meeting on September 13, 2022.

As part of the budget process, the Board is required to hold a public hearing to seek public input prior to formal budget adoption.

City Manager Gipson added that Alderman Patel requested information on new construction and its estimated revenue. A spreadsheet containing all the current large projects with the estimated values, revenue, completion dates and costs (waste collection for residential) was provided to the Board prior to the meeting.

Karen Dilber, Director of Finance, was present to answer questions.

Alderman Patel commented that she is comfortable in approving the FY2023 budget. She stated that for next year they must identify service reductions and revenue increases in order to stop operating in the deficit and doing transfers. She is not okay with continuing to approve a budget that maintains the same consequences without first getting into those discussions.

Alderman Berkowitz introduced Bill No. 6912, an ordinance to approve the FY2023 Operating and Capital Improvement Budget to be read for the second time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6912, second reading, an Ordinance Adopting an Annual Budget for Fiscal Year 2023 Commencing on October 1, 2022, and Appropriating Funds Pursuant Thereto an Ordinance Adopting an Annual Budget for Fiscal Year 2023 Commencing on October 1, 2022, and Appropriating Funds Pursuant Thereto by title only.

09-27-2022 BOA Minutes September 27, 2022 Page 4 of 9

6 AN ORDINANCE TO CONSIDER APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CLAYTON AND THE EASTERN MISSOURI COALITION OF POLICE, FRATERNAL ORDER OF POLICE, LODGE 15 FOR FY2023 WAGE INCREASES AND A REVISED HOLIDAY PROVISION

City Manager Gipson reported that Police (FOP) Lodge 15 previously agreed to meet and bargain Fiscal Year 2023 wages. Negotiations occurred during the summer and early fall of 2022. The City and FOP have tentatively agreed to the following wage increases and provisions for FY 2023:

• Employees will receive a 3 percent increase and the parties agree and understand a step increase will also be available to only the Employees that are eligible for a step increase as of October 1, 2022. • On an annual basis, non-exempt sworn Police officers shall receive eighty-eight (88) hours of holiday leave in lieu of guaranteed time off on City holidays. At the Employee’s option, eighty-eight (88) of the hours can be converted to cash based on the Employee’s hourly rate and to be paid to the Employee the first pay period in December. Utilization of the leave hours will be arranged between the Employee and their supervisor. Officers who are not employed by the City for a full year will receive a prorated number of holiday leave hours based on the number of holidays during which they are employed in the shift position. Staff recommends approval of the attached Ordinance approving a Memorandum of Understanding between the City of Clayton and the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 for FY 2023 wage increases and a revised holiday provision.

Rick Bliss, resident, 7515 Westmoreland, addressed the Board inquiring as to the one-year limit on the agreement and inquired about the agenda item that references a “DROP” program.

Alderman Berkowitz introduced Bill No. 6915, an ordinance to approve an MOU between the City of Clayton and the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 for FY2023 wage increases and revised holiday provision to be read for the first time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6915, first reading, an Ordinance Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Clayton and the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 for FY2023 Wage Increases and a Revised Holiday Provision by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 6915 on the day of its introduction. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

Alderman Berkowitz introduced Bill No. 6915, an ordinance to approve an MOU between the City of Clayton and the Eastern Missouri Coalition of Police, Fraternal Order of

09-27-2022 BOA Minutes September 27, 2022 Page 5 of 9

7 Police, Lodge 15 for FY2023 wage increases and revised holiday provision to be read for the second time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6915, second reading, an Ordinance Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Clayton and the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 for FY2023 Wage Increases and a Revised Holiday Provision by title only.

AN ORDINANCE TO CONSIDER APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CLAYTON AND THE CITY OF CLAYTON AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 2665 FOR FY2023 WAGE INCREASES AND A REVISED HOLIDAY PROVISION

City Manager Gipson reported that the City of Clayton and Fire Department employees represented by the International Association of Fire Fighters, Local 2665 previously agreed to meet and bargain Fiscal Year 2023 wages. Negotiations occurred during the summer and early fall of 2022. The City and Fire Union have tentatively agreed to the following wage increases and provisions for FY 2023:

• A 3 percent across the board adjustment shall be applied to all steps in the pay scales referenced in the collective bargaining agreement and the parties agree and understand a step increase will also be available to only the Employees that are eligible for a step increase as of October 1, 2022.

Staff recommends approval of the ordinance approving a Memorandum of Understanding between the City of Clayton and the International Association of Fire Fighters, Local 2665 for FY 2023 wage increases.

Alderman Berkowitz introduced Bill No. 6916, an ordinance to approve an MOU between the City of Clayton and the International Association of Fire Fighters, Local 2665 For FY2023 wage increases to be read for the first time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6916, first reading, an Ordinance Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Clayton and the International Association of Fire Fighters, Local 2665 for FY2023 Wage Increases by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 6916 on the day of its introduction. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

09-27-2022 BOA Minutes September 27, 2022 Page 6 of 9

8 Alderman Berkowitz introduced Bill No. 6916, an ordinance to approve an MOU between the City of Clayton and the International Association of Fire Fighters, Local 2665 For FY2023 wage increases to be read for the second time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6916, second reading, an Ordinance Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Clayton and the International Association of Fire Fighters, Local 2665 for FY2023 Wage Increases by title only.

AN ORDINANCE TO CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CLAYTON, THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 2665 AND THE EASTERN MISSOURI COALITION OF POLICE, FRATERNAL ORDER OF POLICE LODGE 15 FOR SPECIFIED PENSION ENHANCEMENTS

City Manager Gipson reported that the City of Clayton, and Police Department employees represented by the Fraternal Order of Police Lodge 15, and Fire Department employees represented by the International Association of Fire Fighters, Local 2665, met and discussed possible pension enhancements. Negotiations occurred during the summer and early fall of 2022. The City and both Unions have tentatively agreed to the pension enhancements:

• Allowance of the purchase of military service credits. • A forward DROP and a back DROP with a suggested 60 days’ notice requirement.

If approved, City staff will work with the pension plan managers and attorney to perform a final analysis and determine the process needed to implement the pension enhancements. It is anticipated that the proposed enhancements will result in reduced pension contributions from the City of Clayton.

Staff recommends approval of the ordinance approving a Memorandum of Understanding between the City of Clayton, the International Association of Firefighters, Local 2665 and the Eastern Missouri Coalition of Police, Fraternal Order of Police Lodge 15 for the specified pension enhancements.

City Manager Gipson explained to Mr. Bliss the definition of the DROP program.

Rick Bliss addressed the Board inquiring as to if the city received actuarial determination as related to the costs.

Alderman Berkowitz introduced Bill No. 6917, an ordinance to approve an MOU between the City of Clayton and the International Association of Fire Fighters, Local 2665 and the Eastern Missouri Coalition of Police, Fraternal Order of Police Lodge 15 for the Uniformed Employee Retirement Fund (UERF) enhancements to be read for the first time by title only. Alderman McAndrew seconded.

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9 City Attorney O’Keefe reads Bill No. 6917, first reading, an Ordinance Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Clayton, the International Association of Firefighters, Local 2665 and the Eastern Missouri Coalition of Police, Fraternal Order of Police Lodge 15 for Specified Pension Enhancements by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 6917 on the day of its introduction. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

Alderman Berkowitz introduced Bill No. 6917, an ordinance to approve an MOU between the City of Clayton and the International Association of Fire Fighters, Local 2665 and the Eastern Missouri Coalition of Police, Fraternal Order of Police Lodge 15 for the Uniformed Employee Retirement Fund (UERF) enhancements to be read for the second time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6917, second reading, an Ordinance Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Clayton, the International Association of Firefighters, Local 2665 and the Eastern Missouri Coalition of Police, Fraternal Order of Police Lodge 15 for Specified Pension Enhancements by title only.

OTHER

Alderman Buse reported on the following: • Chamber of Commerce Shred-Day event • Thanks to Chief Smith and Captain Thuet for attending the Southmoor neighborhood event • Municipal League of Metro St. Louis County event o Discussion on eliminating non-photo ID for elections o Discussion on telephone taxes o Discussion 2nd Amendment Preservation Act • Clayton Equity Commission o Postponement of housing recommendation • Musical Nights in Oak Knoll Park • Jazz Festival

Alderman Patel reported on the following: • Ward 1 coffees was held at Sasha’s • Sustainability Committee o Recommendation to join the Midwest Climate Collaborative 09-27-2022 BOA Minutes September 27, 2022 Page 8 of 9

10 o Potential partnership with a class from Washington University on an energy efficiency project o Reporting to the Plan Commission on 10/17 regarding solar panels o Hi-Pointe Neighborhood annual block party - thanks to Cpl. Schwartz and PD service dog, Jade for attending; residents from surrounding neighborhoods (St. Louis City) were in attendance

Alderman Feder reported on the following: • Municipal League of Metro St. Louis County meeting was held 9/22 • Reinitiated the Ward 3 coffees at Starbucks • Barclay House Resident’s meeting was held 9/22 • Park Tower Resident’s meeting is scheduled for 10/6 • Jazz Fest • Shakespeare in the Street held in St. Louis City – Ben Hoffman, Clayton resident, is a playwriter

Mayor Harris reported on the following: • ZMD – 50th Anniversary • Fontbonne University – 100th Anniversary • Attending a CCBA meeting on 9/29 • Jazz Fest

Motion made by Alderman Feder 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 Patel seconded.

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

The meeting adjourned at 8:10 p.m.

____________________________ Mayor ATTEST: ____________________________ City Clerk

09-27-2022 BOA Minutes September 27, 2022 Page 9 of 9

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October 11, 2022 — Agenda