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minutes 2018-05-08 City meeting records #q1f52b46b Open original ↗

May 8, 2018 — Meeting Minutes

These are the minutes of the City of Clayton Board of Aldermen meeting held May 8, 2018. The excerpts record roll call attendance, approval of the April 24, 2018 minutes, ordinance readings and votes (including adoption of Ordinances No. 6533, 6534, and 6535), and approval of Resolution No. 18-08 authorizing submission of a MoDOT hazardous moving violation enforcement grant application. The minutes also summarize aldermen and mayoral reports on commissions, local projects (Greenspace Initiative, DeMun Park, Oak Knoll Park, Shaw Park Pool), development proposals, and other community items.
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05-08-18 BOA Minutes May 8, 2018 Page 3 of 5

Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition

City Manager Owens reported that this is an ordinance for the Board of Aldermen to consider an update to the Clayton City Code provisions relating to invasion of privacy as codified in Sections 215.045 and 215.476. The first update, in Section 215.045, simply adds the term “digital image” to the list of methodologies by which someone might capture a surreptitious image of another person. This will update the verbiage should someone attempt to argue that they did not make a “photograph” in violation of this section. The second update, in Section 215.476, is a change of title to distinguish between the two similar offenses and expanding the described means and circumstances by which the offense might be committed, including the use of devices or equipment (e.g. drones) to view or photograph private locations. This section was previously referred to as the “Peeping Tom” ordinance. Alderman Winings introduced Bill No. 6669, an ordinance to approve an amendment to Sections 215.045 and 215.476 regarding Invasion of Privacy to be read for the first time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6669, an Ordinance to consider an Amendment to Sections 215.045 And 215.476 of the Clayton City Code Relating to Invasions of Privacy for the first time by title only. The motion passed unanimously on a voice vote.

Currently, our code language only says we preserve this right if there are changes to or a repeal of “any provision” without defining that we mean it to include statutes, ordinances and all code provisions. The proposed amendment merely states the inclusions to avoid any ambiguity and to ensure the provision encompasses all circumstances. Alderman Winings introduced Bill No. 6668, an ordinance to approve an amendment to Section 100.050 regarding the effect of repealing an ordinance to be read for the first time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6668, an Ordinance Amending Section 100.050 of the Clayton City Code Regarding the Effect of Repealing an Ordinance for the first time by title only. The motion passed unanimously on a voice vote. Alderman Winings moves that the Board give unanimous consent to consideration for adoption of Bill No. 6668 on the day of its introduction. Alderman Boulton seconded. The motion passed unanimously on a voice vote. Alderman Winings introduced Bill No. 6668, an ordinance to approve an amendment to Section 100.050 regarding the effect of repealing an ordinance to be read for the second time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6667, an Ordinance Amending Section 100.050 of the Clayton City Code Regarding the Effect of Repealing an Ordinance for the second time by title only.

Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6667, an Ordinance Amending Section 100.050 of the Clayton City Code Regarding the Effect of Repealing an Ordinance for the second time by title only. The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew – Aye; and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6534 of the City of Clayton. AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO SECTIONS 215.045 AND 215.476 RELATED TO INVASION OF PRIVACY

City Attorney O’Keefe reads Bill No. 6669, an Ordinance to consider an Amendment to Sections 215.045 And 215.476 of the Clayton City Code Relating to Invasions of Privacy for the first time by title only. The motion passed unanimously on a voice vote. Alderman Winings moves that the Board give unanimous consent to consideration for adoption of Bill No. 6669 on the day of its introduction. Alderman Boulton seconded. The motion passed unanimously on a voice vote. Alderman Winings introduced Bill No. 6669, an ordinance to approve an amendment to Sections 215.045 and 215.476 regarding Invasion of Privacy to be read for the second time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6667, 6669, an Ordinance to consider an Amendment to Sections 215.045 And 215.476 of the Clayton City Code Relating to Invasions of Privacy for the second time by title only. The motion passed on a roll call vote: Alderman Winings – Aye; Alderman Boulton – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; Alderman McAndrew – Aye; and Mayor Sanger – Aye. The bill, having received majority approval was adopted and became Ordinance No. 6535 of the City of Clayton. A RESOLUTION TO CONSIDER APPROVING THE SUBMITTAL OF A HAZARDOUS MOVING VIOLATION ENFORCEMENT GRANT APPLICATION

City Manager Owens reported that as part of the annual grant application process MoDOT requires City of Clayton Board approval and authorization.

The bill, having received majority approval was adopted and became Ordinance No. 6535 of the City of Clayton. A RESOLUTION TO CONSIDER APPROVING THE SUBMITTAL OF A HAZARDOUS MOVING VIOLATION ENFORCEMENT GRANT APPLICATION

City Manager Owens reported that as part of the annual grant application process MoDOT requires City of Clayton Board approval and authorization. The Clayton Police Department intends to seek a MoDOT grant to assist the Department to address the issue of aggressive driving in a multifaceted approach. Motion was made by Alderman Winings to approve Resolution No. 18-08, granting the submittal of a Hazardous Moving Violation Enforcement grant application. Alderman Boulton seconded.

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