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minutes 2018-12-11 City meeting records #q4afc7f9b Open original ↗

December 11, 2018 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held December 11, 2018. It records attendance, approval of prior minutes, public requests (including presentation by the Mayor’s Youth Advisory Council and a Fraternal Order of Police representative speaking about union recognition), and consideration of agenda items such as an intergovernmental agreement with Brentwood for a dog park, a Waiver/Assignment and Assumption Agreement related to the Daniele Community Improvement District (Bill No. 6704), and an amendment to the Right‑Of‑Way Usage Code concerning small cell wireless facilities (Bill No. 6706). The excerpts show motions to introduce and give unanimous consent for immediate consideration of Bills 6704 and 6706, and Bill No. 6706 was adopted on a roll call vote with all seven members recorded as “Aye.”
Cited passage

City Attorney O’Keefe reads Bill No. 6706, second reading an Ordinance Amending Chapter 510 of Title V of the Municipal Code by the Addition of a New Article and Provisions Regarding Right-Of-Way Usage and Certain Wireless Facilities 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. 6571 of the City of Clayton. AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO CHAPTER 510, THE RIGHT-OF-WAY USAGE CODE RELATED TO INSURANCE LIMITS AND FEES

City Manager Owens reported that City staff is requesting an amendment to Chapter 510 of the City Code of Ordinances to update certain provisions of the code. The Missouri Legislature has enacted changes in related statutes regarding small cells (HB 19914 (2018)). A companion ordinance has been prepared to address those changes. Staff thought it advisable to update the application fee for other types of right-of-way usage to be consistent with the new application fee for small cell related work. In addition, while the code requires insurance meeting the requirements of State law, it sets out specific insurance limits, while the state sovereign immunity limit changes annually. Alderman Winings introduced Bill No. 6707, an ordinance to approve an amendment to the Right Of-Way Usage Code as it relates to insurance limits and fees to be read for the first 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. 6570 of the City of Clayton. AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO CHAPTER 510 THE RIGHT-OF-WAY USAGE CODE RELATED TO SMALL CELLS

City Manager Owens reported that City staff is requesting an amendment to Chapter 510 of the City Code of Ordinances to enact certain provisions related to small cells. The Missouri Legislature has enacted changes in related statutes regarding small cells (HB 19914 (2018).

12-11-18 BOA Minutes December 11, 2018 Page 8 of 10

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

Alderman Winings introduced Bill No. 6706, an ordinance to approve an amendment to the Right-Of-Way Usage Code as related to small cells to be read for the first time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6706, first reading an Ordinance Amending Chapter 510 of Title V of the Municipal Code by the Addition of a New Article and Provisions Regarding Right-Of-Way Usage and Certain Wireless Facilities by title only. The motion passed unanimously on a voice vote. Motion made by Alderman Winings that the Board give unanimous consent to consideration for adoption of Bill No. 6706 on the day of its introduction. Alderman Boulton seconded. The motion passed unanimously on a voice vote. Alderman Winings introduced Bill No. 6706, an ordinance to approve an amendment to the Right-Of-Way Usage Code as related to small cells to be read for the second time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6706, second reading an Ordinance Amending Chapter 510 of Title V of the Municipal Code by the Addition of a New Article and Provisions Regarding Right-Of-Way Usage and Certain Wireless Facilities 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.

In addition, while the code requires insurance meeting the requirements of State law, it sets out specific insurance limits, while the state sovereign immunity limit changes annually. Alderman Winings introduced Bill No. 6707, an ordinance to approve an amendment to the Right Of-Way Usage Code as it relates to insurance limits and fees to be read for the first time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6707, first reading, an Ordinance Amending Two Provisions in Chapter 510 of Title V of the Municipal Code Relating to Insurance Requirements for Right-Of-Way Users and the Fee for a Right-Of-Way Work Permit by title only. The motion passed unanimously on a voice vote.

12-11-18 BOA Minutes December 11, 2018 Page 9 of 10

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

Motion made by Alderman Winings that the Board give unanimous consent to consideration for adoption of Bill No. 6706 on the day of its introduction. Alderman Boulton seconded. The motion passed unanimously on a voice vote. Alderman Winings introduced Bill No. 6707, an ordinance to approve an amendment to the Right Of-Way Usage Code as it relates to insurance limits and fees to be read for the second time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6707, second reading, an Ordinance Amending Two Provisions in Chapter 510 of Title V of the Municipal Code Relating to Insurance Requirements for Right-Of-Way Users and the Fee for a Right-Of-Way Work Permit 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. 6572 of the City of Clayton. Other

Alderman Winings reported on the following: • The CRSWC reviewed and discussed plans for The Center of Claytons’ renovation project.

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