May 8, 2018 — Meeting Minutes
05-08-18 BOA Minutes May 8, 2018 Page 1 of 5
Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
THE CITY OF CLAYTON
Board of Aldermen City Hall – 10 N. Bemiston Avenue May 8, 2018 7:00 p.m.
Minutes
Mayor Sanger called the meeting to order and requested a roll call. The following individuals were in attendance:
Aldermen: Mark Winings, Joanne Boulton, Rich Lintz, Ira Berkowitz, Michelle Harris, and Bridget McAndrew.
Mayor Sanger City Manager Owens City Attorney O’Keefe
Alderman Boulton moved to approve the April 24, 2018. Alderman Winings seconded.
The motion to approve the minutes passed unanimously on a voice vote.
PUBLIC REQUESTS AND PETITIONS
None
AN ORDINANCE TO CONSIDER APPROVIING AND AUTHORIZING EXECUTION OF A CONTRACT WITH ST. LOUIS COUNTY FOR NEXT GENERATION 9-1-1 SERVICE
City Manager Owens reported that this is an ordinance for the Board of Aldermen to consider approving and authorizing the execution of a contract with St. Louis County, Missouri, for Next Generation 9-1-1 service. Alderman Winings introduced Bill No. 6667, an ordinance to authorize execution of a contract with St. Louis County for the New Generation 9-1-1 Service to be read for the first time by title only. Alderman Boulton seconded. City Attorney O’Keefe reads Bill No. 6667, an Ordinance Approving and Authorizing Execution of a Contract with St. Louis County, Missouri, for Next Generation 9-1-1 Service 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. 6667 on the day of its introduction. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
Alderman Winings introduced Bill No. 6667, an ordinance to authorize execution of a contract with St. Louis County for the New Generation 9-1-1 Service to be read for the second time by title only. Alderman Boulton seconded.
05-08-18 BOA Minutes May 8, 2018 Page 2 of 5
Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
City Attorney O’Keefe reads Bill No. 6667, an Ordinance Approving and Authorizing Execution of a Contract with St. Louis County, Missouri, for Next Generation 9-1-1 Service 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. 6533 of the City of Clayton.
AN ORDINANCE TO CONSIDER APPROVING AN AMENDMENT TO SECTION 100.050 OF THE CLAYTON CITY CODE REGARDING THE EFFECT OF REPEALING AN ORDINANCE
City Manager Owens reported that this is an ordinance for the Board of Aldermen to consider amending effect of repeal in the Clayton City Code. At present, we have a Section in the code (100.050) which reflects Missouri decisional law that a government can still prosecute offenses that occur under a repealed ordinance if we say we reserve the right to do so. 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.
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
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.
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 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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Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
The motion passed unanimously on a voice vote.
A RESOLUTION TO CONSIDER APPROVING THE SUBMITTAL OF A DRIVING WHILE INTOXICATED ENFORCEMENT GRANT APPLICATION
Motion was made by Alderman Winings to approve Resolution No. 18-09, granting the submittal of a Driving While Intoxicated Enforcement grant application. Alderman Boulton seconded.
The motion passed unanimously on a voice vote.
A MOTION TO ALDERMANIC COMMITTEE APPOINTMENT TO THE CLAYTON RECREATIONAL, SPORTS, AND WELLNESS COMMISSION (CRSWC)
Motion was made by Alderman Boulton to approve the appointment of Alderman Winings to the CRSWC. Alderman Lintz seconded.
The motion passed unanimously on a voice vote.
Other
Alderman Winings reported on the following: • Charter Advisory Task Force – meeting on May 17, close to finalizing and anticipate bringing a final report/recommendation to the Board soon. • Parks and Recreation Commission – met May 7. o provided a presentation on the Greenspace Initiative; o DeMun Park Project is anticipated to be complete by the Fall; o Oak Knoll Park Project is well underway and is expected to be complete this summer; o staff is preparing the Shaw Park Pool for opening day (two weeks).
Alderman Boulton reported on the following: • Battle of the Badges BBQ Event – great! Kudos to the Clayton Fire Department. • Plan Commission/ARB – met May 7 o Montessori Preschool submitted plans for a preschool to be located at the former Katie’s Pizzeria location, concerns by the Commission on drop off/pick-up area. o Clarendale Development Project has submitted plans for consideration. o Washington University expects to an additional 500 student increase on the South 40. o Skinker Heights Neighborhood Meeting – presentation by Washington University; presentation by Detective Lieutenant Mark Smith.
Alderman Berkowitz reported on the following: • Sustainability Committee – meeting was canceled due to a lack of a quorum. • Parks and Recreation Commission - concerns where expressed regarding issues of adding greenspace (i.e. purchase homes in Clayton Gardens) • LimeBike – overwhelming use of the bikes in Forest Park, suggests that staff explore for Clayton and include laying ground rules. City Manager Owens added that staff has been in contact with the bike companies for the last 5 years and will be meeting with LimeBike this week.
Alderman Harris reported on the following:
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Minutes are recorded based on Robert’s Rules of Order Newly Revised, 11th, 2013 Edition
• Clayton Century Foundation held its quarterly Board meeting – Catherine Werner, St. Louis City, Environmental and Sustainability expert. • Peregrine Falcons have nested at the Interco Building. There are currently four eggs (one has hatched)
Alderman McAndrew expressed appreciation for the aldermanic orientation held today.
Mayor Sanger reported on the following: • Attended a CSpan and Spectrum award recognition at Clayton High School. A student won honorable mention in a contest where she submitted a video on human trafficking. • The Mayor’s Youth Advisory Council (MYAC) will be participating in a community project at City Hall on May 12. • The Clayton Chamber is holding the first of several Parties in the Park event tomorrow.
There being no further business the meeting was adjourned Sine Die at 7:55 p.m.
____________________________
Mayor
ATTEST:
____________________________ City Clerk