December 13, 2022 — Meeting Minutes

12-13-2022 BOA Minutes December 13, 2022 Page 1 of 11

THE CITY OF CLAYTON

Board of Aldermen In-Person and Virtual Meeting December 13, 2022 7:00 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: Rich Lintz, Bridget McAndrew, Becky Patel, Gary Feder, Mayor Harris, and City Attorney O’Keefe

Staff: City Manager Gipson, City Clerk Frazier, and Andrea Muskopf, Assistant City Manager

Virtually: Alderman Buse, Alderman Berkowitz (joined at 7:25 p.m.)

Motion made by Alderman McAndrew to approve the November 8, 2022, minutes. Alderman Lintz seconded.

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

PUBLIC REQUESTS AND PETITIONS

None

JOINT DISCUSSION WITH THE CLAYTON COMMUNITY FOUNDATION

Alex Elmestad, Community Outreach Specialist, attending virtually and provided the Board with a presentation and update on the Clayton Community Foundation.

Cordell Whitlock, CCF President and Sarah Mellinger, past CCF President, were present to answer questions.

Kathleen Gund, 329 N. Bemiston Avenue, addressed the Board in support of the CCF.

Hank Winkelman, citizen, attended (virtually) stating his discouragement of the city’s funding support for CCF.

A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING A SUBDIVISION PLAT FOR 6602 ALAMO AVENUE

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 division of one lot into four lots. All lots have a zoning designation of R-5, Medium-Low Density Multiple-Family District.

12-13-2022 BOA Minutes December 13, 2022 Page 2 of 11

The subject property is located at the southwest corner of the intersection between Alamo Avenue and St. Rita Avenue. Construction of four townhouses on the existing lot is underway. The development was originally approved as a condominium style development where all four townhouses would be located on one lot. The developer is now proposing a subdivision plat to allow for development of the four townhomes on fee simple lots. The R-5 District requires a minimum lot width of 20 feet per townhouse unit and a minimum lot area of 1,974 square feet per townhouse unit. A cross access easement is established to support use of the shared driveway by all four townhouse units. The proposed plat conforms to the Subdivision Regulations and the R-5 District standards.

Anna Krane, Director of Planning was present to answer questions.

Julian Hess, applicant was present to answer questions.

Mayor Harris closed the public hearing.

Alderman Lintz introduced Bill No. 6925, to approve a subdivision plat for 6602 Alamo to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6925, first reading, an Ordinance Providing for the Approval of a Plat to Subdivide Certain Property Located on Alamo Avenue in the City of Clayton, Missouri by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6925 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6925, to approve a subdivision plat for 6602 Alamo to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6925, second reading, an Ordinance Providing for the Approval of a Plat to Subdivide Certain Property Located on Alamo Avenue in the City of Clayton, Missouri by title only.

The motion passed on a roll call vote: Alderman Lintz – Aye; 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. 6784 of the City of Clayton.

A PUBLIC HEARING AND AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO SECTION 405.4010 OF ARTICLE XXIX “OUTDOOR DINING”

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

City Manager Gipson reported that this is a public hearing to consider amending Article XXIX “Outdoor Dining”, Section 405.4010, of the City’s Zoning Regulations to allow temporary tents over outdoor dining space located on private and/or public property.

12-13-2022 BOA Minutes December 13, 2022 Page 3 of 11

Gary Carter, Director of Economic Development and Anna Krane, Director of Planning were present to answer questions.

Mayor Harris closed the public hearing.

Alderman Lintz introduced Bill No. 6926, to approve an amendment to Section 405.3990, Outdoor Dining to allow for temporary tents to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6926, first reading, Amending Chapter 405 (Zoning Regulations), Article XXIX “Outdoor Dining”, Section 405.4010 to Allow Temporary Tents Over Outdoor Dining Areas by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6926 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6926, to approve an amendment to Section 405.3990, Outdoor Dining to allow for temporary tents to be second for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6926, second reading, Amending Chapter 405 (Zoning Regulations), Article XXIX “Outdoor Dining”, Section 405.4010 to Allow Temporary Tents Over Outdoor Dining Areas by title only.

A RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR 7641 WYDOWN BOULEVARD RESTAURANT KNOWN AS AKAR

City Manager Gipson reported that this is a public hearing to consider an application for a Conditional Use Permit (CUP) amendment submitted by Poh Lee of Bl Hospitality LLD, d/b/a AKAR, restaurant owner, to allow for the expansion of an existing restaurant into an adjacent tenant space. the existing restaurant space measures approximately 400 square feet with an additional outdoor dining area. the proposed expanded restaurant measures 1,280 square feet. other than the expansion, changes to the operation of the restaurant or cup are not being requested.

Motion made by Alderman Lintz to approve Resolution No. 2022-27, granting a Conditional Use Permit for AKAR Restaurant located at 7641 Wydown Boulevard. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

12-13-2022 BOA Minutes December 13, 2022 Page 4 of 11

A PUBLIC HEARING AND A RESOLUTION TO CONSIDER APPROVING A CONDITIONAL USE PERMIT FOR 8001 FORSYTH BOULEVARD RESTAURANT TO BE KNOWN AS FIRST WATCH

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

City Manager Gipson reported that this is a public hearing to consider an application for a Conditional Use Permit submitted by Emily Roberts of Consolidated Development Services on behalf of First Watch Restaurants, Inc., d/b/a First Watch, to allow for the operation of a 4,802 square foot restaurant with an outdoor dining area.

Mayor Harris closed the public hearing.

Motion made by Alderman Lintz to approve Resolution No. 2022-28, granting a Conditional Use Permit for First Watch Restaurant located at 8001 Forsyth Boulevard. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

AN ORDINANCE TO CONSIDER AMENDING THE CLAYTON CITY CODE REGARDING THE OFFICE OF MUNICIPAL PROSECUTING ATTORNEY

City Manager Gipson reported that the current ordinance relative to the designation of a Prosecuting Attorney states that “The City Attorney shall designate one (1) assistant City Attorney as prosecutor who shall represent the City and prosecute all cases in the Municipal Court and perform such other services as requested by the City Attorney.”

The Clayton Charter states that “The board of aldermen shall provide by ordinance for such assistant city attorneys as it may deem necessary, who shall be appointed, and may be removed, by the city attorney with the approval of the Board of Aldermen.”

The Board of Aldermen believes that creating a separate office with responsibility for enforcement of city ordinances and prosecution of ordinance violations under the City Manager will better align this important municipal function with the values of the city and more clearly delineate organizational responsibility and oversight for that activity.

The proposed ordinance would amend the Prosecutor designation process to state that the Prosecuting Attorney shall be appointed, and may be removed, by the City Manager with the consent of the Board of Aldermen. This action would consequently shift oversight of the position from the City Attorney to the City Manager.

Alderman Lintz introduced Bill No. 6927, to approve an amendment to Chapter 110 enacting a new Section 110.060-Designating a Prosecutor to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6927, first reading, an Ordinance Amending the Clayton City Code Regarding the Office of Municipal Prosecuting Attorney by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6927 on the day of its introduction. Alderman Berkowitz seconded.

12-13-2022 BOA Minutes December 13, 2022 Page 5 of 11

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6927, to approve an amendment to Chapter 110 enacting a new Section 110.060-Designating a Prosecutor to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6927, second reading, an Ordinance Amending the Clayton City Code Regarding the Office of Municipal Prosecuting Attorney by title only.

AN ORDINANCE TO CONSIDER AMENDING THE CLAYTON CITY CODE RELATING TO WEAPONS AND FIREARMS

City Manager Gipson reported that the City of Clayton recognizes the increasing rate of gun violence in the United States. The State of Missouri prohibits municipalities from enacting firearm legislation outside the strict and limited scope permitted by the General Assembly. The Board of Aldermen has expressed a strong desire to update the City’s firearm regulations and enforce every measure available to reduce or prevent gun violence.

The proposed ordinance updates the City’s firearms regulations to conform with Missouri law and adds a provision to the Code of Ordinances prohibiting the open carry of a firearm or similar deadly weapon without a valid carry concealed firearms license. This provision would not apply to state, county, or municipal peace officers.

Alderman Lintz introduced Bill No. 6928, to approve an amendment to Chapter 215 related to weapons and firearms to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6928, first reading, an Ordinance Amending Chapter 215 of the Clayton City Code Relating to Weapons and Firearms by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6928 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6928, to approve an amendment to Chapter 215 related to weapons and firearms to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6928, second reading, an Ordinance Amending Chapter 215 of the Clayton City Code Relating to Weapons and Firearms by title only.

12-13-2022 BOA Minutes December 13, 2022 Page 6 of 11

AN ORDINANCE TO CONSIDER AMENDING THE CLAYTON CITY CODE RELATING TO SUSPENSION AND DEBARMENT OF VENDORS

City Manager Gipson reported that the City of Clayton expends great effort to be sure that public money is expended efficiently, and that work performed meets the community’s ideals and standards. The Code of Ordinances does not currently have any provisions that prevent irresponsible or poorly performing vendors from bidding and contracting with the City for future projects and services. The attached ordinance contains provisions for the debarment or suspension of vendors and establishes the reasons, procedures, effects, and length of debarment of vendors.

David Berland, resident, inquired if debarment is lifetime or temporary.

City Manager Gipson explained that depending on the issue the debarment could be evaluated/reconsidered at some point.

Alderman Lintz introduced Bill No. 6929, to approve an amendment to Chapter 100 related to suspension and debarment of vendors to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6929, first reading, an Ordinance Amending Chapter 100 of the Clayton City Code Relating to Suspension and Debarment of Vendors by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6929 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6929, to approve an amendment to Chapter 100 related to suspension and debarment of vendors to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6929, second reading, an Ordinance Amending Chapter 100 of the Clayton City Code Relating to Suspension and Debarment of Vendors by title only.

AN ORDINANCE TO CONSIDER APPROVING AN AGREEMENT WITH WASHINGTON UNIVERSITY FOR THE PROVISION OF FIRE PREVENTION, FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES ON THE DANFORTH CAMPUS

12-13-2022 BOA Minutes December 13, 2022 Page 7 of 11

City Manager Gipson reported that for several years, the City of Clayton has provided Washington University with Fire Prevention, Fire Protection and Emergency Medical Services at their hilltop campus (main campus). Since 1992 the City and University have maintained these services through various written agreements. Our current agreement expires on December 31, 2022, and both parties have expressed the desire to continue this arrangement--to that end an amendment to the current agreement has been negotiated.

Alderman Lintz introduced Bill No. 6930, to approve an agreement with Washington University for Fire Prevention, Fire Protection, and Emergency Medical Services on the Danforth Campus to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6930, first reading, an Ordinance to Repeal Ordinance No. 6458 and Put a New Ordinance in Place Which Authorizes the City Manager to Enter into an Agreement with Washington University for the Provision of Fire Prevention, Fire Protection and Ambulance Services to the Portion of the Danforth Campus Located in Unincorporated St. Louis County by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6930 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6930, to approve an agreement with Washington University for Fire Prevention, Fire Protection, and Emergency Medical Services on the Danforth Campus to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6930, second reading, an Ordinance to Repeal Ordinance No. 6458 and Put a New Ordinance in Place Which Authorizes the City Manager to Enter into an Agreement with Washington University for the Provision of Fire Prevention, Fire Protection and Ambulance Services to the Portion of the Danforth Campus Located in Unincorporated St. Louis County by title only.

AN ORDINANCE TO CONSIDER APPROVING AN AGREEMENT WITH ST. LOUIS COUNTY FOR PLACEMENT OF LICENSE PLATE RECOGNITION CAMERAS

City Manager Gipson reported that since August 2021, the Clayton Police Department has utilized fixed license plate recognition (LPR) cameras to solve and reduce crime. The LPR cameras send real-time alerts to our police officers when a stolen vehicle is detected. The LPR cameras will also notify our officers if a vehicle is associated with a missing person in an AMBER or Silver Alert.

LPR cameras help law enforcement by providing objective evidence needed for investigations. The LPR cameras photograph license plates and vehicle characteristics, not people or faces.

12-13-2022 BOA Minutes December 13, 2022 Page 8 of 11

Each search of the LPR database requires a justification, and the data is never sold or shared with third parties.

The cameras are used to solve and reduce property and violent crime. They are not intended for traffic or parking violations.

The City of Clayton utilizes Flock Safety LPR cameras. These cameras are currently installed in the City right of way or in areas maintained by private entities. Through analysis of crime reports, the Police Department has determined that installation of an LPR camera on the 6400 block of Clayton Rd, in the County’s right of way, would be a strategic location for the prevention and investigation of crimes involving vehicles. Other locations maintained by St. Louis County are currently being evaluated for placement of LPR cameras.

The proposed ordinance authorizes the City of Clayton to enter into an agreement with St. Louis County for the installation, operation, and maintenance of license plate recognition cameras within St. Louis County’s maintained right of way.

Alderman Lintz introduced Bill No. 6931, to approve an agreement with St. Louis County for placement of License Plate Recognition to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6931, first reading, an Ordinance Approving an Agreement with St. Louis County for Placement of License Plate Recognition Cameras by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6931 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6931, to approve an agreement with St. Louis County for placement of License Plate Recognition to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6931, first reading, an Ordinance Approving an Agreement with St. Louis County for Placement of License Plate Recognition Cameras by title only.

AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO THE LEASE BETWEEN THE CITY AND THE CLAYTON EARLY CHILDHOOD CENTER

City Manager Gipson reported that in 2013, the City of Clayton (City) entered into a lease with the Clayton Early Childhood Center (CECC). As a successor to the original tenant, the CECC Board of Directors and the City were cautious and entered into a relatively short-term (five

12-13-2022 BOA Minutes December 13, 2022 Page 9 of 11

years) lease which had one renewal option. CECC exercised their option in 2018 thereby extending the lease through December 31, 2022.

Negotiations began in 2021 and a new lease was approved by this Board in January 2022. However, since that time, the CECC board has requested certain amendments to the approved lease. These modifications have been negotiated and reviewed by the City’s legal counsel.

The proposed lease amendment, if approved, will become effective January 1, 2023, and extend through December 3, 2032.

Alderman Lintz introduced Bill No. 6932, to approve an amendment to the lease agreement with the Clayton Early Childhood Center at #1 Oak Knoll Park to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6932, first reading, an Ordinance Approving Certain Amendments to the Lease Between the City and the Clayton Early Childhood Center by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6932 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6932, to approve an amendment to the lease agreement with the Clayton Early Childhood Center at #1 Oak Knoll Park to be read for the second time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6932, first reading, an Ordinance Approving Certain Amendments to the Lease Between the City and the Clayton Early Childhood Center by title only.

AN ORDINANCE TO CONSIDER APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AND THE CITY OF ST. LOUIS FOR ACCESS ALONG FRANCIS PLACE

City Manager Gipson reported that the City of Clayton was contacted by the Missouri Highways and Transportation Commission (MHTC/MoDOT) regarding the establishment of a permanent access easement across a City-owned parcel to enable access to two 60” water mains running between Francis Place and I-170 in the Clayshire Neighborhood. These water mains are owned and operated by the City of St. Louis (Water Division). Matt Malick, Director of Public Works, was present to answer questions.

Dr. Peter Takes, 654 Francis Place addressed the Board (virtually) to express his concerns regarding communication from the City to the Clayshire neighborhood.

12-13-2022 BOA Minutes December 13, 2022 Page 10 of 11

Alderman Lintz introduced Bill No. 6933, to approve an Intergovernmental Agreement with MoDOT and the City of St. Louis for water main access along Francis Place to be read for the first time by title only. Alderman Berkowitz seconded.

City Attorney O’Keefe reads Bill No. 6933, first reading, an Ordinance Approving an Intergovernmental Agreement with Missouri Highways and Transportation Commission and the City of St. Louis for Access Along Francis Place by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Lintz that the Board give unanimous consent to consideration for adoption of Bill No. 6933 on the day of its introduction. Alderman Berkowitz seconded.

The motion passed unanimously on a voice vote.

Alderman Lintz introduced Bill No. 6933, to approve an Intergovernmental Agreement with MoDOT and the City of St. Louis for water main access along Francis Place to be read for the second time by title only. Alderman Berkowitz seconded.

OTHER

Alderman Lintz reported on the following: • Sustainability – presentation by Washington University students regarding potential program, Solar Summer National Certification program.

Alderman Berkowitz reported on the following: • Parks & Recreation Commission – received on update on the design for the Commons project from Ted Spaid and Chris Chiveta.

Alderman McAndrew reported on the following: • CRSWC meeting o Membership report – youth membership has increased; corporate memberships are struggling; adult memberships are low • Plan Commission o New restaurant – Honeymoon Chocolate o Discussion on solar panels o Discussion on new signage for the Residence Inn

Alderman Buse reported on the following: • Community Equity Committee – met with the Kirkwood Human Rights Commission • Parks & Recreation –

12-13-2022 BOA Minutes December 13, 2022 Page 11 of 11

o the Commons update was well received o basketball registration was up o Livable Communities Master Plan – focusing after the first of the year

Alderman Patel reported on the following: • U-City Youth Basketball program - a U-City resident commented that the Clayton staff went above and beyond to help them out when they needed a location • Ward 1 coffee – eight attendees • Solar panels – please with the revisions • Washington University event – Thoughtful Housing Policies to promote thriving communities

Alderman Feder reported on the following: • CEC – reached out to area synagogues and churches to invite them to the January meeting • Turkey Trot event • Light Up the Night event in Davis Place • Received a few comments from citizens regarding the trash survey

Mayor Harris reported on the following: • Meetings and conversations regarding the trash survey • Landscape Task Force – the plaque has been ordered for the African American neighborhood, working on the recognition of the Philippine neighborhood • Clayton Chamber of Commerce Legislative meeting was held yesterday • Alderman Feder celebrated a birthday yesterday

The meeting adjourned at 9:16 p.m.

____________________________

Mayor ATTEST: ____________________________ City Clerk

Document

December 13, 2022 — Meeting Minutes