September 12, 2023 — Meeting Minutes
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THE CITY OF CLAYTON
Board of Aldermen In-Person and Virtual Meeting September 12, 2023 7:00 p.m.
Mayor Harris called the meeting to order and requested a roll call. The following individuals were in attendance:
In-person: Ira Berkowitz, Bridget McAndrew, Susan Buse, Becky Patel, Gary Feder, Rick Hummell, and Mayor Michelle Harris.
Staff: City Manager Gipson, City Attorney O’Keefe, and Assistant City Manager Andrea Muskopf
Virtual attendance: City Clerk Frazier
PUBLIC REQUESTS AND PETITIONS
Mayor Harris gave recognition to Chief Ernie Rhodes who was deployed as a member of FEMA Urban Search and Rescue Team’s Blue Incident Support Team to lead rescue efforts in Hawaii.
AN ORDINANCE AMENDING ARTICLE I COLLECTION SERVICE AND REGULATIONS AND ARTICLE II RECYCLING OF CHAPTER 235 GARBAGE AND TRASH OF THE MUNICIPAL CODE OF THE CITY OF CLAYTON
City Manager Gipson reported that the City of Clayton’s Municipal Code provisions related to solid waste and recycling were first adopted in 1947 and revised in 1970. Specific sections were later amended to reflect the waste collection practices and contracts in place at that time.
The City of Clayton has contracted with Republic Services for the collection and disposal of solid waste, recycling, yard waste and compost from all single-family and multi-family properties. The new contracts that go into effect on October 1, 2023, change waste collection service from City-funded to resident-billed.
The new waste collection agreements require certain provisions of the Municipal Code to align with the new practices. The proposed amendments will take effect on October 1, 2023, along with the new contract. The required changes include the elimination of a current provision that allows private disposal contracts for residential customers. The City is also taking this opportunity to update the Code sections to provide enhanced regulatory clarity and align the regulations with current practices.
Brian Kinman, resident, The Crescent Condominium, President of the Clayton Condominium Building Association, addressed the Board with concerns regarding the current ordinance and the proposed draft ordinance expressing opposition to the proposed draft ordinance.
Jan Spalding, 8025 Maryland, addressed the Board with concerns on the proposed draft ordinance.
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Elizabeth Burrow, Treasurer for Hanley Towers, explaining the difference between certain equipment used for multi-family buildings.
David Butler, Treasurer for Whitehall Condominiums, addressed the Board in support of Mr. Kinman’s proposal.
Tony Soukenik, Attorney, 120 S. Central, addressed the Board as a representative for The Crescent Condominium.
Motion made by Alderman Berkowitz to table Bill No. 6986, amending collection service and regulations. Alderman Buse seconded.
The motion passed unanimously on a voice vote.
AN ORDINANCE PROVIDING FOR THE APPROVAL AND EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CLAYTON AND THE EASTERN MISSOURI COALITION OF POLICE, FRATERNAL ORDER OF POLICE LODGE 15
City Manager Gipson reported that the bargaining representatives have met, discussed, and agreed upon the proposed successor Collective Bargaining Agreement which contains a resolution of the issues that affect the wages and terms and conditions of the Union members’ employment. The Police Union members have ratified this agreement and it is being presented for Board approval. The agreement has a term of three years, ending on September 30, 2026.
Alderman Berkowitz introduced Bill No. 6987, to approve a Collective Bargaining Agreement between the City of Clayton and the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 for FY2024 wage increases to be read for the first time by title only. Alderman McAndrew seconded.
City Attorney O’Keefe reads Bill No. 6987, first reading, an Ordinance Approving a Collective Bargaining Agreement with the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 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. 6987 on the day of its introduction. Alderman McAndrew seconded.
The motion passed unanimously on a voice vote.
Alderman Berkowitz introduced Bill No. 6987, to approve a Collective Bargaining Agreement between the City of Clayton and the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 for FY2024 wage increases to be read for the second time by title only. Alderman McAndrew seconded.
City Attorney O’Keefe reads Bill No. 6987, second reading, an Ordinance Approving a Collective Bargaining Agreement with the Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 by title only.
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The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6847 of the City of Clayton.
AN ORDINANCE PROVIDING FOR THE APPROVAL AND EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CLAYTON AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 2665
City Manager Gipson reported that the bargaining representatives have met, discussed, and agreed upon the attached successor Collective Bargaining Agreement which contains a resolution of the issues that affect the wages and terms and conditions of the Union members’ employment. The fire union members have ratified this agreement and it is being presented for Board approval. The agreement has a term of 3 years, ending on September 30, 2026.
Alderman Berkowitz introduced Bill No. 6988, to approve a Collective Bargaining Agreement between the City of Clayton and the International Association of Fire Fighters, Local 2665 for FY2024 wage increases to be read for the first time by title only. Alderman McAndrew seconded.
City Attorney O’Keefe reads Bill No. 6988, first reading, an Ordinance Approving a Collective Bargaining Agreement with the Clayton Fire Department Shop of the International Association of Fire Fighters Local 2665 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. 6988 on the day of its introduction. Alderman McAndrew seconded.
The motion passed unanimously on a voice vote.
Alderman Berkowitz introduced Bill No. 6988, to approve a Collective Bargaining Agreement between the City of Clayton and the International Association of Fire Fighters, Local 2665 for FY2024 wage increases to be read for the second time by title only. Alderman McAndrew seconded.
City Attorney O’Keefe reads Bill No. 6988, second reading, an Ordinance Approving a Collective Bargaining Agreement with the Clayton Fire Department Shop of the International Association of Fire Fighters Local 2665 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; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6848 of the City of Clayton.
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A PUBLIC HEARING AND AN ORDINANCE SETTING THE TAX YEAR 2023 PROPERTY TAX LEVIES FOR FISCAL YEAR 2024 BUDGET - 1ST READING
Mayor Harris opens the public hearing and requests proof of publication.
City Manager Gipson reported that each year the City must approve property tax levies which are then submitted to St. Louis County for billing. Calendar year 2023 is a reassessment year and there were significant changes in residential and commercial assessed values. The City experienced significant new construction growth, increasing residential assessed values by over $1.7 million and commercial assessed values by over $33 million. Subject to the maximum voter-approved rate of tax levy, the City is allowed to receive additional revenue up to the lower of 5% or the Consumer Price Index (CPI) which was 6.5% for this year, and for the value of the new construction. Per the Fiscal Year 2024 proposed budget plan, we are submitting the maximum allowable rates for your review.
As part of the property tax levy process, the Board will hold a public hearing to seek public input on the proposed tax rates on September 12, 2023. The proposed calendar year 2023 property tax levy recommendations for Budget Year 2024 are provided in the Board packet materials.
Mayor Harris closed the public hearing.
Alderman Berkowitz introduced Bill No. 6989, to approve the proposed Property Tax Levies for Tax Year 2023 (FY2024) to be read for the first time by title only. Alderman McAndrew seconded.
City Attorney O’Keefe reads Bill No. 6989, first 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 2023 by title only.
The motion passed unanimously on a voice vote.
A PUBLIC HEARING AND AN ORDINANCE - FISCAL YEAR 2024 OPERATING AND CAPITAL IMPROVEMENTS BUDGET—1ST READING
Mayor Harris opens the public hearing.
City Manager Gipson reported that on August 18, 2023, the Board of Aldermen received the City Manager’s proposed Fiscal Year 2024 Operating and Capital Improvements Budgets. As part of the budget process, the Board is required to hold a public hearing to seek public input prior to formal budget adoption.
Mayor Harris closes the public hearing.
Alderman Berkowitz introduced Bill No. 6990, to approve the proposed FY2024 to be read for the first time by title only. Alderman McAndrew seconded.
City Attorney O’Keefe reads Bill No. 6990, first reading, an Ordinance Adopting an Annual Budget for Fiscal year 2024 Commencing on October 1, 2023 and Appropriating Funds Pursuant Thereto by title only.
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The motion passed unanimously on a voice vote.
Alderman Berkowitz excused himself from the meeting at 8:00 p.m.
AN ORDINANCE TO REZONE 500 SOUTH BRENTWOOD BOULEVARD FROM R-5 DISTRICT TO C-1 DISTRICT
Mayor Harris opens the public hearing and requests proof of publication.
City Manager Gipson reported that this is a Public Hearing for review and consideration of the rezoning of certain property from R-5 Medium-Low Density Multiple-Family Dwelling District to C-1 Neighborhood Commercial District. The subject property is located at the southeast corner of the intersection of South Brentwood Boulevard and Rosiline Drive.
Anna Krane, Director of Planning, was present to answer questions.
Mayor Harris closes the public hearing.
Alderman McAndrew introduced Bill No. 6991, to approve a rezoning from R-5 District to C-1 District for 500 S. Brentwood Boulevard to be read for the first time by title only. Alderman Buse seconded.
City Attorney O’Keefe reads Bill No. 6991, first reading, an Ordinance Providing for the Rezoning of Certain Property Located at 500 South Brentwood Boulevard from the R-5 District to the C-1 District and Other Actions Related Thereto by title only.
The motion passed unanimously on a voice vote.
Motion made by Alderman McAndrew that the Board give unanimous consent to consideration for adoption of Bill No. 6991 on the day of its introduction. Alderman Buse seconded.
The motion passed unanimously on a voice vote.
Alderman McAndrew introduced Bill No. 6991, to approve a rezoning from R-5 District to C-1 District for 500 S. Brentwood Boulevard to be read for the second time by title only. Alderman Buse seconded.
City Attorney O’Keefe reads Bill No. 6991, second reading, an Ordinance Providing for the Rezoning of Certain Property Located at 500 South Brentwood Boulevard from the R- 5 District to the C-1 District and Other Actions Related Thereto by title only.
The motion passed on a roll call vote: Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6849 of the City of Clayton.
ORDINANCES TO CONSIDER A REZONING, A PLANNED UNIT DEVELOPMENT, AND A MAJOR SUBDIVISION PLAT FOR 7814 FORSYTH BOULEVARD AND 2, 10, 14 & 18 SOUTH CENTRAL AVENUE
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Mayor Harris opens the public hearings and requests proof of publication.
City Manager Gipson reported that this is a Public Hearing for review and consideration of the rezoning and related Planned Unit Development for a proposed mixed-use development. The rezoning, Planned Unit Development, and Subdivision Plat are being addressed together in this report, though the plat and the land use elements entail separate ordinances on the Board’s agenda. The project received Architectural Review Board approval and the Plan Commission recommended approval of the Site Plan, Lot Consolidation, Rezoning and Development Plan on August 21, 2023.
Anna Krane, Director of Planning was present to answer questions.
Steve Methard, VP of Development for Midas Capital, LLC, addressed the Board to answer questions.
Mayor Harris closed the public hearing.
Motion made by Alderman McAndrew to amend Bill No. 6992, Exhibit C, Section 3D, (page 8) to read “…shall be open for business within twelve (12) months after issuance of a certificate of occupancy for the hotel on the subject property and shall be maintained for an entertainment use or live performance venue for the life of the development.” Alderman Buse seconded.
The motion passed unanimously on a voice vote.
Alderman McAndrew introduced Bill No. 6992, as amended, to approve a rezoning and a Planned Unit Development for 7814 Forsyth Boulevard & 2, 10, 14, 18 S Central Avenue to be read for the first time by title only. Alderman Buse seconded.
City Attorney O’Keefe reads Bill No. 6992, first reading, as amended, an Ordinance Providing for the Rezoning of Certain Property Located at 7814 Forsyth Boulevard and 2, 10, 14 & 18 South Central Avenue to a Planned Unit Development District to be known as the Forsyth-Central Planned Unit District; Providing for the Change in the Zoning Map of the City of Clayton, Missouri; Approving a Planned Unit Development for the Subject Property; and Other Actions Related Thereto by title only.
The motion passed unanimously on a voice vote.
Motion made by Alderman McAndrew that the Board give unanimous consent to consideration for adoption of Bill No. 6992, as amended, on the day of its introduction. Alderman Buse seconded.
The motion passed unanimously on a voice vote.
Alderman McAndrew introduced Bill No. 6992, as amended, to approve a rezoning and a Planned Unit Development for 7814 Forsyth Boulevard & 2, 10, 14, 18 S Central Avenue to be read for the second time by title only. Alderman Buse seconded.
City Attorney O’Keefe reads Bill No. 6992, second reading, as amended, an Ordinance Providing for the Rezoning of Certain Property Located at 7814 Forsyth Boulevard and 2, 10, 14 & 18 South Central Avenue to a Planned Unit Development District to be known as
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the Forsyth-Central Planned Unit District; Providing for the Change in the Zoning Map of the City of Clayton, Missouri; Approving a Planned Unit Development for the Subject Property; and Other Actions Related Thereto by title only.
The motion passed on a roll call vote: Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6850 of the City of Clayton.
BILL NO. 6993 – PLAT FOR 7814 FORSYTH BLVD, & 2, 10, 14, 18 S. CENTRAL AVENUE
Alderman McAndrew introduced Bill No. 6993, to approve a Lot Consolidation Plat for 7814 Forsyth Boulevard and 2, 10, 14, 18 S. Central Avenue to be read for the first time by title only. Alderman Buse seconded.
City Attorney O’Keefe reads Bill No. 6993, first reading, an Ordinance Providing for the Approval of a Plat to Consolidate Certain Property Known as 7814 Forsyth Boulevard and 2, 10, 14 & 18 South Central Avenue and Widen an Adjacent Alley in the City of Clayton, Missouri by title only.
The motion passed unanimously on a voice vote.
Motion made by Alderman McAndrew that the Board give unanimous consent to consideration for adoption of Bill No. 6993, as amended, on the day of its introduction. Alderman Buse seconded.
The motion passed unanimously on a voice vote.
Alderman McAndrew introduced Bill No. 6993, to approve a Lot Consolidation Plat for 7814 Forsyth Boulevard and 2, 10, 14, 18 S. Central Avenue to be read for the second time by title only. Alderman Buse seconded.
City Attorney O’Keefe reads Bill No. 6993, second reading, an Ordinance Providing for the Approval of a Plat to Consolidate Certain Property Known as 7814 Forsyth Boulevard and 2, 10, 14 & 18 South Central Avenue and Widen an Adjacent Alley in the City of Clayton, Missouri by title only.
The motion passed on a roll call vote: Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6851 of the City of Clayton.
A PUBLIC HEARING AND AN ORDINANCE AMENDING ARTICLE XV, ENTERTAINMENT OVERLAY DISTRICT
Mayor Harris opens the public hearings and requests proof of publication.
City Manager Gipson reported that this is a Public Hearing to solicit input regarding proposed amendments to Chapter 410 (Overlay and Urban Design Zoning Districts) to modify definitions, use regulations, and the boundary of the district of the existing Entertainment Overlay District (EO).
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Anna Krane, Director of Planning was present to answer questions.
Dan Phillips, President of the Park Towers Condominium Association, addressed the Board expressing his support for the amendments.
Rich Goldstein, 8025 Maryland Avenue, addressed the Board expressing his support for the amendments, but also asked that the Board be mindful of the residents in the surrounding area as it relates to noise.
Mayor Harris closed the public hearing.
Alderman McAndrew introduced Bill No. 6994, to approve a text amendment to Article XV, Entertainment Overlay District to be read for the first time by title only. Alderman Buse seconded.
City Attorney O’Keefe reads Bill No. 6994, first reading, an Ordinance Amending Article XV “Entertainment Overlay District” of Chapter 610 (Overlay and Urban Design Zoning Districts) of the Municipal Code of the City of Clayton, Missouri by title only.
The motion passed unanimously on a voice vote.
Motion made by Alderman McAndrew that the Board give unanimous consent to consideration for adoption of Bill No. 6994 on the day of its introduction. Alderman Buse seconded.
The motion passed unanimously on a voice vote.
Alderman McAndrew introduced Bill No. 6994, to approve a text amendment to Article XV, Entertainment Overlay District to be read for the second time by title only. Alderman Buse seconded.
City Attorney O’Keefe reads Bill No. 6994, second reading, an Ordinance Amending Article XV “Entertainment Overlay District” of Chapter 610 (Overlay and Urban Design Zoning Districts) of the Municipal Code of the City of Clayton, Missouri by title only.
The motion passed on a roll call vote: Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6852 of the City of Clayton.
CONSENT AGENDA 1. Minutes – August 22, 2023 2. Resolution - Agreement with MacQueen Emergency to provide maintenance for emergency equipment (Res. No. 2023-28) 3. Resolution – On Call Consultants for engineering and surveying services. (Res. No. 2023-29) 4. Resolution – Determining the intent of the City of Clayton to reimburse itself for certain Capital expenditures. (Res. No. 2023-30) 5. Motion – Liquor license upgrade for Bar Moro, LLC at 7610 Wydown Boulevard. 6. Motion – Liquor license for Carbon Members Club LLC at 7822 Bonhomme Avenue.
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7. Motion – Appointment of an ex-officio member to the Clayton Community Equity Committee. 8. Motion - Boards and Commissions appointments.
Motion made by Alderman McAndrew to approve the Consent Agenda. Alderman Buse seconded.
The motion passed on a roll call vote: Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye.
Ben Poremba, owner of Bar Moro, addressed the Board thanking them for their approval of the liquor license.
Motion made by Alderman Hummell 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 for preparation per Section 610.021(9) for labor negotiations. Alderman Patel seconded.
The motion passed on a roll call vote: Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye.
There being no further regular meeting discussion the Board adjourned into a closed session at 8:46 p.m.
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Mayor
ATTEST:
______________________________ City Clerk