September 26, 2023 — Meeting Minutes
09-26-2023 BOA Minutes September 26, 2023 Page 1 of 5
THE CITY OF CLAYTON
Board of Aldermen In-Person and Virtual Meeting September 26, 2023 7:00 p.m.
MINUTES
Mayor Harris welcomed two Mayors’ Youth Advisory Council members, Liam Ferguson and Shiv Patel who were in the audience.
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, City Clerk Frazier, and Assistant City Manager Andrea Muskopf
PUBLIC REQUESTS AND PETITIONS
None
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
Motion made by Alderman Berkowitz to postpone Bill No. 6986.1 until further notice. Alderman McAndrew seconded.
The motion passed unanimously on a voice vote.
A PUBLIC HEARING AND AN ORDINANCE SETTING THE TAX YEAR 2023 PROPERTY TAX LEVIES FOR FISCAL YEAR 2024 BUDGET – 2nd READING
City Manager Gipson reported that the City received updated assessed value information from the County Assessor now that the Board of Equalization process is complete. The County advises that there may still be some changes in overall values due to new construction and further appeals. However, the County has said there will be no changes before October 1, which is the statutory deadline for the City to file its tax rates with the County Collector of Revenue. There is a statutory system in place to recoup lost revenue due to late changes in assessed value. We can address that process in 2024 if warranted.
Calculations have been updated accordingly. In general, the assessed values and commercial new construction decreased from the Board of Equalization process. The levies have been revised to reflect these values as shown redlined in the tables as provided in the Board packet. An amendment to the ordinance will be needed to accept these levy changes from the previous reading.
09-26-2023 BOA Minutes September 26, 2023 Page 2 of 5
Motion made by Alderman Berkowitz to amend Bill No. 6989, by the text of Bill No. 6989.1. Alderman McAndrew seconded.
The motion passed unanimously on a voice vote.
Alderman Berkowitz introduced Bill No. 6989.1, as amended, to approve the proposed Property Tax Levies for Tax Year 2023 (FY2024) to be read for the second time by title only. Alderman McAndrew seconded.
City Attorney O’Keefe reads Bill No. 6989.1, as amended, 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 2023 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. 6853 of the City of Clayton.
A PUBLIC HEARING AND AN ORDINANCE - FISCAL YEAR 2024 OPERATING AND CAPITAL IMPROVEMENTS BUDGET—2nd READING
City Manager Gipson reported that in August, 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. The public hearing was held at the Board of Aldermen meeting on September 12, 2023.
Alderman Berkowitz introduced Bill No. 6990, to approve the proposed FY2024 to be read for the second time by title only. Alderman McAndrew seconded.
City Attorney O’Keefe reads Bill No. 6990, second reading, an Ordinance Adopting an Annual Budget for Fiscal year 2024 Commencing on October 1, 2023 and Appropriating Funds Pursuant Thereto 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. 6854 of the City of Clayton.
AN ORDINANCE PROHIBITING DRIVERS FROM USING HANDHELD ELECTRONIC COMMUNICATION DEVICES
City Manager Gipson reported that Ordinance 340.300 will prohibit drivers from physically holding or supporting a cell phone with any part of their body; manually typing, writing, sending, or reading text-based messages; recording, posting, sending, or broadcasting video, including video calls and social media posts; and watching a video or movie. The ordinance will allow drivers to use voice-operated or hands-free features on electronic communication devices.
09-26-2023 BOA Minutes September 26, 2023 Page 3 of 5
This ordinance conforms to the Missouri “Hands-Free Law”, which took effect statewide on August 28, 2023. The Missouri General Assembly preempted local regulations from deviating from the state statute.
Alderman Berkowitz introduced Bill No. 6995, to approve an amendment to Chapter 340 with the addition of a new Section 340.300, prohibiting drivers from handheld electronic communication devices to be read for the first time by title only. Alderman McAndrew seconded.
City Attorney O’Keefe reads Bill No. 6995, first reading, an Ordinance Enacting Section 340.300 of the Clayton City Code Relating to Hands-Free Driving 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. 6995 on the day of its introduction. Alderman McAndrew seconded.
The motion passed unanimously on a voice vote.
Alderman Berkowitz introduced Bill No. 6995, to approve an amendment to Chapter 340 with the addition of a new Section 340.300, prohibiting drivers from handheld electronic communication devices to be read for the second time by title only. Alderman McAndrew seconded.
City Attorney O’Keefe reads Bill No. 6995, second reading, an Ordinance Enacting Section 340.300 of the Clayton City Code Relating to Hands-Free Driving 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. 6855 of the City of Clayton.
CONSENT AGENDA 1. Minutes – September 12, 2023 2. Resolution – FY2024 Clayton Recreation, Sports, and Wellness Commission (CRSWC) Budget for the Center of Clayton. (Res. No. 2023-31) 3. Resolution – Update to the Investment Policy (Res. No. 2023-32) 4. Motion - Boards and Commissions appointment.
Motion made by Alderman Berkowitz to approve the Consent Agenda. Alderman McAndrew seconded.
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.
OTHER
09-26-2023 BOA Minutes September 26, 2023 Page 4 of 5
Alderman Berkowitz reported on the following: • Livable Communities meeting
Alderman McAndrew reported on the following: • Plan Commission o Discussion on a new home construction on Polo that is of a significant size; citizens attended to express nonsupport of the project. o Kathleen Gund gave a presentation on the use of gas fueled lamps.
Alderman Patel reported on the following: • Community Equity Commission (CEC) o Discussion to receive an update on the Comprehensive Plan o Working with the Chamber to survey businesses about diversity and inclusion. • Ward 1 citizens have expressed interest in discussion on traffic safety.
Alderman Feder reported on the following: • Community Equity Commission (CEC) o Welcomed new member, Karin Schute. o CEC Housing Subcommittee met with Webster Groves on issues of affordable/attainable housing. • Commended City Attorney O’Keefe on “great job” presenting a Parliamentary Procedure seminar.
Alderman Hummell reported on the following: • Clayton Community Foundation o Participated in the Comprehensive Plan – focusing on getting performing arts centers and cultural organizations here in Clayton. • BOA/BOE Breakfast meeting o The SRO for the elementary school is working well and is a great fit.
Mayor Harris reported on the following: • Clayton Equity Commission o Discussion with Ben Uchitelle and CEC to present what they've been doing and how it's been working to the St. Louis County Municipal League. • Landscape Task Force o The remembrance marker for Black Community has been planted at Centene Park, corner of Hanley and Carondelet. • MYAC – met last week and is off to a great start.
• Met with the Parks Master Plan Steering Committee and discussed the Commons’ project. • Met with Lal Karsanbhai, Emerson Electric; corporate headquarters are moving to Clayton by the Fall of 2024.
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
09-26-2023 BOA Minutes September 26, 2023 Page 5 of 5
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 Berkowitz – Aye; 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 7:30 p.m.
________________________________
Mayor
ATTEST:
______________________________ City Clerk