09-13-16 Joint BOA and BOE Minutes September 13, 2016 Page 2 of 2

ATTEST:

____________________________ City Clerk

September 13, 2016 09-13-16 BOA Minutes Page 1 of 9 THE CITY OF CLAYTON

Board of Aldermen City Hall – 10 N. Bemiston Avenue September 13, 2016 7:00 p.m.

Minutes

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

Aldermen: Cynthia Garnholz, Mark Winings, Joanne Boulton, Alex Berger III, Rich Lintz and Ira Berkowitz.

Mayor Sanger City Manager Owens City Attorney O’Keefe

Alderman Boulton moved to approve the August 23, 2016 minutes. Alderman Winings seconded.

The motion to approve the minutes passed unanimously on a voice vote.

PUBLIC REQUESTS AND PETITIONS

None

AN ORDINANCE ADOPTING A SPECIAL DEVELOPMENT SUBDISTRICT FOR THE PROPERTY ADDRESSED 8125 FORSYTH BOULEVARD

City Manager Owens reported that on August 23, 2016, this request was presented to the Board of Aldermen and subsequently continued to this meeting. Since that time, staff has met with the applicant multiple times in continued discussion and review of the additional items submitted by the applicant. At this time staff is recommending that the Board of Aldermen table the item to the meeting of October 18, 2016.

Gary Feder, Husch Blackwell, representing Shaw Park Plaza owner, addressed the Board expressing his concerns for the City to allow continuance of the subject agenda item. He expressed that the project has been continued without Board discussion for the past three months and that also he has not been given any further or new information and feels that communication has been nonexistent.

Alderman Garnholz moved to table Bill No. 6561 relating to 8125 Forsyth Boulevard until the October 18, 2016 Board of Aldermen meeting. Alderman Winings seconded.

The motion passed 6 - Ayes to 1 – Nay (Alderman Boulton) on a voice vote.

A MOTION TO APPROVE THE CRSWC FY2017 BUDGET

City Manager Owens reported that earlier this evening the Board of Aldermen met jointly with the Board of Education and was provided a presentation on the proposed Fiscal Year 2017 Clayton Recreation, Sports and Wellness Commission (CRSWC) Budget for The Center of Clayton.

Mayor Sanger explained to the audience that the Board of Aldermen jointly with the Board of Education spent about an hour going through a presentation.

Alderman Garnholz moved to approve the CRSWC FY2017 Budget. Alderman Winings seconded.

Alderman Garnholz moved to approve the CRSWC FY2017 Budget. Alderman Winings seconded.

September 13, 2016 09-13-16 BOA Minutes Page 2 of 9

The motion passed unanimously on a voice vote.

AN ORDINANCE SETTING THE TAX YEAR 2016 PROPERTY TAX LEVIES FOR FISCAL YEAR 2017 BUDGET AND TO HOLD A PUBLIC HEARING- 2nd READING

City Manager Owens 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 on August 23, 2016. There were some slight revisions since the first reading which will require an amendment for passage.

The property tax levy process is somewhat complex in that as assessments increase the City is not allowed to gain any more revenue. Therefore the maximum tax rates we are allowed to levy actually go down or “roll back” to generate no more revenue than the past year. The only ability to gain revenue is through growth in the CPI (listed above), new construction, and through recoupment of taxes from successful protests that have been resolved in the past year.

We are addressing the recoupment process this year due to the significant revenue the City has lost through successful protests over the past few years. In each year, the City is allowed to “recoup” the lost revenue which was due to assessed valuation reduction through protests adjudicated by the Missouri State Tax Commission after the City’s higher (pre-protest) assessed value had been used to calculate the permissible tax rate in prior years. The City is allowed to increase our levies to generate the revenue lost from having used an incorrect total assessed value in the last year only. The Clayton School District has used this recoupment process for several years. This recoupment process is the only method for the City to receive the revenue it should have received had prior rates been calculated on the basis of the correct total assessed value.

Thus the City’s maximum levies this year are projected to generate the amount of revenue from the previous year, plus CPI and revenue related to new construction, plus the amount available for recoupment which we are incorporating this year. These levies as presented are subject to change by the Board of Equalization and through the Missouri State Auditor’s certification process, therefore there is the potential for them to still change slightly. If this occurs, staff will inform you of our options at that time.

The assessments on which the General Fund, Police Building Debt Service and General Obligation Debt Service levies are applied changed by an increase of 0.7% for residential and reduced by 0.6% for commercial. The General Fund tax levy, which may be used for any general purpose, is projected to generate nearly $6.3 million, or approximately $380,000 higher than last year. The City also has a levy to support the debt service of the police building. This levy was approved by voters in 2010 and implemented in 2013 when a previous general obligation bond issue matured. This levy will generate nearly $1.1 million which is similar to last year.

In April 2014 voters approved a general obligation bond issue supported by property tax to be used for neighborhood street resurfacing, street lighting and alley improvements. The City issued these bonds in 2014 and implemented the related levy last year. For this year, the levy will generate nearly $1.1 million, which is slightly lower than last year.

The following rates are proposed to be levied for the 2016 calendar year (FY 2017 budget year), and all rates are per $100 of assessed valuation. Rates are also presented for the recent tax history and are listed under the calendar year for which the rates apply.

Property Category 2013 Tax Rate 2014 Tax Rate 2015 Tax Rate 2016 First Reading 2016 to be Amended 2015 Rate to 2016 Amended Rate Change General Revenue

The 2016 Special Business District (SBD) tax levy for the FY 2017 budget is projected to generate $505,000 which is approximately $58,000 more than last year. The following rates have been levied or are proposed to be levied and all rates are per $100 of assessed valuation:

Property Category 2013 Tax Rate 2014 Tax Rate 2015 Tax Rate 2016 First Reading 2016 to be Amended 2015 Rate to 2016 Amended Rate Change Residential $0.125 $0.121 $0.114 $0.108 $0.107 $0.007 Decrease

September 13, 2016 09-13-16 BOA Minutes Page 4 of 9 Commercial $0.127 $0.135 $0.129 $0.159 $0.154 $0.025 Increase

A commercial property, located in the Special Business District assessed at $2.0 million would pay approximately $985 in property taxes for the Special Business District portion only. Based on last year’s rate, the same commercial property would have paid approximately $160 more than last year.

The following table lists the total tax rates from the City and the Special Business District for properties only in the Special Business District.

Property Category 2013 Tax Rate 2014 Tax Rate 2015 Tax Rate 2016 First Reading 2016 to be Amended 2015 Rate to 2016 Amended Rate Change Residential $0.912 $1.019 $0.979 $0.984 $0.980 $0.001 Increase Commercial $0.947 $1.104 $1.068 $1.193 $1.191 $0.123 Increase

City Manager Owens explained that the parking lot land sale was included in the budget for FY17, but actually occurred last week (in the current fiscal year). Therefore, the Board has been provided with updated budget reconciliation for approval consideration tonight, the change will move the revenue from FY17 to FY16.

Also, the City has not received notice of the rates from the State.

Recommendation is to approve an ordinance setting the annual property tax rates for calendar year 2016 (Fiscal Year 2017).

Alderman Garnholz moved to amend Bill No. 6572 to reflect the revisions as stated in the memorandum report. Alderman Winings seconded.

The motion passed unanimously on a voice vote.

Alderman Garnholz introduced Bill No. 6572, 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 2016 as amended to be read for the second time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill No. 6572, 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 2016 as amended to be read for the second time by title only.

Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6442 of the City of Clayton.

AN ORDINANCE TO CONSIDER APPROVING THE PROPOSED FY2017 OPERATING AND CAPITAL IMPROVEMENTS BUDGET AND TO HOLD A PUBLIC HEARING – 2nd READING

City Manager Owens reported that there are a few changes to the proposed budget from the last meeting and the reconciliation has been updated accordingly. In the General Fund, $5,000 per year was added to the contribution toward the Art Fair, and increased the property tax revenue based on the proposed rates. In

In the General Fund, $5,000 per year was added to the contribution toward the Art Fair, and increased the property tax revenue based on the proposed rates. In

September 13, 2016 09-13-16 BOA Minutes Page 5 of 9 addition, the Equipment Replacement Fund was reduced by $11,000. The result for FY 2017 is a General Fund budget surplus of $284,702.

Recommendation is to adopt the Fiscal Year 2017 Operating and Capital Improvements Budget as presented in the proposed budget, adjusted by the reconciliation.

Alderman Garnholz introduced Bill No. 6573, an ordinance as amended Adopting an Annual Budget for Fiscal year 2017 Commencing on October 1, 2016 and Appropriating Funds Pursuant Thereto to be read for the second time by title only. Alderman Winings seconded.

City Attorney O’Keefe reads Bill No. 6573, an ordinance as amended Adopting an Annual Budget for Fiscal year 2017 Commencing on October 1, 2016 and Appropriating Funds Pursuant Thereto for the second time by title only.

Alderman Garnholz – Aye; Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6443 of the City of Clayton.

AN ORDINANCE TO CONSIDER AMENDING CHAPTER 350 OF THE CLAYTON CITY CODE TO ALLOW THE CITY MANAGER TO SET PARKING METER RATES, PARKING TIME LIMIT ZONES, AND ESTABLISH PARK ONCE ZONES

City Manager Owens reported that the proposed ordinance amends several sections in Chapter 350 of the Clayton City Code relating to parking restrictions and enforcement.

On July 8, 2016 Walker Parking Consultants finalized a Downtown Clayton parking study. Walker Parking Consultants studied both current and future parking conditions. They determined that Downtown Clayton has ample parking but that the City should adjust its policies so that the current parking supply is better utilized. Walker’s specific recommendations are as follows:

 Implement a mobile app  Implement park once districts  Increase on-street parking rates  Increase parking fines  Extend enforcement times  Use mobile license plate recognition technology

The contract for a mobile app was approved on July 26, 2016 and staff is currently reviewing and cost estimating mobile license plate recognition technology.

The proposed ordinance now being considered would allow the City Manager to implement park once districts, increase parking rates, and adjust current parking zone time limits.

Staff would like to study the benefits and costs of extended enforcement times before implementing the change. In addition staff would like to examine the change in parking behavior brought about with increased parking rates and fines before increasing enforcement hours.

The attached ordinance changes the existing parking code as follows:

 Adds the concept of a parking app to Chapter 350  Amends the Chapter to allow the City manager to change parking time limits based on specific criteria  Amends the Chapter to allow the City Manager to implement park once zones