Minutes of April 4, 2006 Meeting
Board of Aldermen

RECORD OF PROCEEDING


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Meeting of the Board of Aldermen of the City of Clarkson Valley at City Hall (Fru-Con Center), April 4, 2006.
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The meeting was called to order at 7:30 p.m. A roll call was taken with the following results:

PRESENT

Ward

ABSENT

Mayor Scott Douglass

 

 

Alderperson Susan Shea

Ward 1

 

 Alderperson Jim Meyer

Ward 1

 

Alderperson Honora Schiller 

Ward 2

Alderperson Wendell Sittser Ward 2     

Alderperson Walt Mixson

Ward 3

Alderperson Scott Schultz Ward 3

Also in Attendance:

City Attorney: Patrick Butler
City Clerk: Michele McMahon 

Alderperson Schiller made a motion to amend the Minutes to indicate that Patrick Butler, City Attorney, was not present at the March 2006 meeting.  Alderperson Schultz seconded the motion.  A voice vote was taken with an affirmative result and the motion was declared passed.  A motion was made by Alderperson Shea to accept the Minutes.  Alderperson Schiller seconded the motion.  A voice vote was taken with an affirmative result and the motion was declared passed.    

REMARKS, PETITIONS, COMPLAINTS

There were no remarks, petitions or complaints. 

REPORTS

Ballwin Police Report:  Captain Schicker handed out the Police Summary for March 2006.  An Alderperson mentioned interest in why a drug-sniffing dog was on the parking lot at Marquette High School.  Captain Schicker reported that the principal requested the canine’s presence to do a search of the parking lot.  He explained that when the dog stops at a vehicle, indicating the possibility of a controlled substance, the parking permit is checked for the student’s identity. 

Mayor Douglass mentioned that Ballwin Police Department sponsors a mock crash scene/safe driving demonstration before prom season at Marquette High School each year.  He invited the Board Members to attend.  He said the intent is to provide impact enough to make students think twice about driving inebriated or getting into a car with an impaired driver.  Monarch Fire Protection District and St. Louis County also are involved.

Mayor’s Report    

Court Report:  The total amount collected for traffic fines and court costs for the month of March 2006 was $17,135.50.   

MML 2nd Annual Conference:  Mayor Douglass stated he attended an all day conference this month sponsored by the Municipal League.  In a session on Sunshine Law requirements, a handout was provided listing possible violations.  Much discussion came of this he said, and he would like to hold a special session next month before the Regular Meeting of the Board of Aldermen to review the topic. 

Bidding the Sanitation Contract:  Mayor Douglass stated the deadline for sanitation bidding was extended to April 14.   

Budget Discussion:  Mayor Douglass thanked Alderpersons Shea and Schultz for helping draft the preliminary 2006-2007 Budget.  He stated further discussion regarding the drafted budget would take place next month. 

Cellular Tower on Joes Way:  Mayor Douglass said that Wildwood has delayed the hearing on the request to locate an additional cellular tower on Joes Way until April 20.  Alderperson Meyer said he might be available and would attend if possible.  Mayor Douglass said he would not be able to go.  The question Mayor Douglass would like to have answered at this meeting: is the property on Joes Way going to become a “farm” for these structures so that is will look like a power sub-station?  Alderperson Meyer is not happy with the fact they are removing a dozen trees or more. 

Planning and Zoning Hearing:  Mayor Douglass announced that a Planning and Zoning Hearing is scheduled for April 27.  There are two petitioners. 

International Building Code:  Mayor Douglass said the City is poised to go to the International Building Code 2003 (IBC ’03) and the International Residential Code 2003 (IRC ’03) to follow St. Louis County, who passed theirs in January.  He said we would try to have Planning and Zoning look at this in May.  It will then go to the Board in June.  

Alderpersons’ Reports: 

Grounds Maintenance:  Alderperson Schiller reported one complaint heard regarding Forest Hills Country Club using their blowers too early in the morning.  Mayor Douglass said he spoke with a representative of the club who said they would try not to start so early. 

Alderperson Schiller indicated there was an abundance of dandelions at Marquette High School and asked if Mayor Douglass could contact the district about spraying.  He said he would. 

Mention was made that the next newsletter should contain an item on animal droppings and dogs running at large.  

West St. Louis County Deer Task Force:  Alderperson Shea said she was attending the final meeting of the deer task force to review the impact of hunting in the West St. Louis County municipalities. 

Safety Concern:  Alderpersons Meyer stated that he witnessed an accident that occurred that morning on Kehrs Mill Road at the subdivision across from Marquette High School - Forest Hills Ridge.  He asked if the police could step up enforcement of the no-turn zone.  Captain Schicker stated the SRO (Student Resource Officer) is required to remain on the school's perimeter, which is their sector.  He would look into assigning police personnel to look at this situation.

Attorney’s Report: 

Patrick Butler, City Attorney, said he would reserve his time for discussion of the mini-motorcycles.

UNFINISHED BUSINESS

BILL NO. 0321 - AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE III: TRAFFIC CODE, CHAPTER 310: ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS, BY DELETING SECTION 310.040: USE OF COASTERS, ROLLER SKATES, MOTORIZED PLAY VEHICLES, MOTORIZED SKATEBOARDS AND SIMILAR DEVICES RESTRICTED AND ADDING A NEW SECTION 310.040: USE OF COASTERS, ROLLER SKATES, MINI-MOTORCYCLES, MOTORIZED PLAY VEHICLES, MOTORIZED SKATEBOARDS AND SIMILAR DEVICES RESTRICTED. 

Alderperson Meyer made a motion to discuss and pass Bill No. 0321.  Alderperson Sittser seconded the motion.  Mayor Douglass read the Bill for the first time and reminded those present that this was discussed at last month’s meeting and that voting was delayed until this month per a request for additional information.  He thanked Alderperson Sittser for providing the information and compiling a matrix that was mailed to the Board Members in advance of this meeting.  Alderperson Sittser explained the nature of the matrix, which he developed from a survey of neighboring municipalities’ codes; state statutes; and the history of all action taken by the Board on this subject.  He also stated that the consensus of those present at last month’s Trustees Meeting was to prohibit these vehicles.  He mentioned the city's receipt of letters from Dunhill Subdivision members urging the Board to prohibit the mini-vehicles for reasons of safety.  After further discussion, Mayor Douglass requested a roll call vote to the question, “Do we want to vote on this tonight.”  A roll call vote was taken with the following results:  Yeas:  Mixson, Schiller and Schultz.  Nays:  Meyer, Shea and Sittser.  Mayor Scott Douglass broke the tie, voting:  Yea.  Whereupon it was declared that a vote would take place.  Mayor Douglass read Bill No. 0321 the second time.  A roll call vote was taken for passing Bill No. 0321 with the following results: Yeas:  Meyer.  Nays:  Mixson, Schiller, Schultz, Shea and Sitter.  Whereupon Mayor Douglass declared Bill No. 0321 as having failed.  

Alderperson Shea made a motion to change paragraphs A and B in Section 310.040 to allow coasters, blades, skates, etc.  Mayor Douglass first stated that we would develop an ordinance next month, but then stated that because state statutes mandated that part of the code, he did not think it would be possible.  He said the City Attorney would review this.  The motion was dropped.   

Alderperson Schiller made a motion to rescind Ordinance No. 06-03, which gave a new definition of mini-motorcycles and amended the current definition of play vehicles.  Alderperson Mixson seconded the motion.  A roll call vote was taken with the following results:  Yeas:  Mixson, Schiller, Schultz, Shea and Sitter.  Nays:  Meyer.  Whereupon Mayor Douglass declared Ordinance No. 06-03 is hereby repealed.

NEW BUSINESS

BILL NO. 0324 – AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE V: BUILDING CODES AND REGULATIONS, ARTICLE V. MISCELLANEOUS BUILDING REGULATIONS, BY ADDING A NEW SECTION 500.195: SWIMMING POOL REGULATIONS. 

Alderperson Schultz made a motion to discuss and pass Bill No. 0324.  The motion was seconded by Alderperson Shea.  Mayor Douglass read Bill No. 0324 the first time.  Mayor Douglass explained that when people drained their swimming pool onto their neighbor's property in the past, we used the nuisance portion of the code enumerating the creation of stagnant pools, ponds and unwholesome bodies of water, but this ordinance would put more teeth into it.  Mayor Douglass read Bill No. 0324 the second time.  A roll call vote was taken with the following results:  Yeas:  Meyer, Mixson, Schiller, Schultz, Shea and Sitter.  There were no nays, whereupon Mayor Douglass declared Bill No. 0324 passed and is now Ordinance No. 06-05. 

BILL NO. 0325 - AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE III: TRAFFIC CODE, SECTION 355.010: STOPPING, STANDING OR PARKING PROHIBITED, PARAGRAPH 2. STAND OR PARK A VEHICLE, WHETHER OCCUPIED OR NOT, EXCEPT MOMENTARILY TO PICK UP OR DISCHARGE A PASSENGER OR PASSENGERS, BY ADDING A NEW SUB-PARAGRAPH K: IN SPACES DESIGNATED AS A FIRE LANE. 

Alderperson Schultz made a motion to consider and pass Bill No. 0325.  Alderperson Sittser seconded the motion.  Mayor Douglass read Bill No. 0325 the first time.  Mayor Douglass explained that the Model Traffic Ordinance for Missouri Municipalities (taken from state statutes) that we passed in 2001 when we went through the recodification process, apparently does not does not contain a clause prohibiting parking in a fire lane.  Mayor Douglass read Bill No. 0325 the second time.  A roll call vote was taken with the result:  Yeas:  Meyer, Mixson, Schiller, Schultz, Shea and Sittser.  There were no nays, whereupon Mayor Douglass declared Bill No. 0324 passed and is now Ordinance No. 06-06. 

Audit:  Alderperson Shea made a motion, seconded by Alderperson Schiller to have invoices in the amount of $84,012.06 approved for payment.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.   

Alderperson Sittser made a motion for the Board of Aldermen of Clarkson Valley to adjourn, seconded by Alderperson Schultz.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  The meeting adjourned at 8:35 p.m.

  
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Scott Douglass, Mayor

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ATTEST: Michele McMahon, City Clerk

 
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