Minutes of April 2010 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 6, 2010.
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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 Scott Schultz

Ward 3

Alderperson Lin Midyett Ward 3

Also in Attendance:

City Attorney: Patrick Butler
City Clerk: Michele McMahon 

Mayor Scott Douglass asked, if there is no objection he proposes at this time to change the order of business to table Bill No. 0407 until next month and to allow the Forest Hills Country Club request to be discussed first under New Business.  There were no objections.

Mayor Douglass announced there would be a Public Hearing at 8:00 p.m.

Alderperson Schultz made a motion to accept the Minutes.  Alderperson Midyett seconded the motion.  A voice vote was taken with an affirmative result and the motion was declared passed.

REMARKS, PETITIONS AND COMPLAINTS

Mr. Ken Butler, the new General Manager of Forest Hills Country Club, introduced himself.  He thanked the Board for its past approval of this annual request, which allows the Summer Day Campers relief from the elements in the temporary modular building.  He concluded by saying that he felt it was necessary to add a face to the request. 

REPORTS

St. Louis County Police Report:  Officer Thom Taylor of the St. Louis County Police handed out the March Police Report. 

He spoke of the social hosting ordinance passed by the Board and how the City sent its first Notice to a resident.  It was for a recent party of minors with alcohol on the premises and it notified the responsible party (homeowner, parent and/or property owner) of such event that they are jointly and severally liable for the civil penalties connected with the response of law enforcement, fire and other emergency services if a similar event is held within a twelve-month period of time.

Mayor Scott Douglass turned the floor over to Captain Coreless who thanked Mayor Douglass and the Board Members, saying it has been his honor to serve for our City but he is retiring.  He then introduced Captain Steve Sack.  Captain Sack shook each Board Members hand saying he is excited and looking forward to working for the City.  Mayor Douglass thanked Captain Coreless for all he did for our City.

Mayor’s Report

Court Report:  The total amount collected for traffic fines and court costs for the month of March 2010 was $14,327.25.

Mobile Ticketing:  Mayor Douglass updated the Board on the mobile ticketing saying the mountings for the new printers were installed in the two police vehicles.  The training of the officers and the court clerk for use of this new hardware is scheduled to take place Tuesday, April 13.  The tickets will be issued from these devices beginning April 15. 

Kehrs Mill Road Runoff:  Mayor Douglass reported the City heard from Dan Alvers, St. Louis County Highways and Traffic project manager for the Kehrs Mill Road widening, who said they looked into the runoff that flows across all lanes of traffic in times of periodic flooding and acknowledged it is a problem.  They had in mind one way to eliminate the hazard which was reported last month, but because this project was just completed, they are going to revisit it in one year’s time to see if the anticipated remedy still suits the problem. 

Personal Convenience Signs:  Mayor Douglass mentioned the ability for citizens to place signs within their subdivision announcing lost/found dogs/cats.  He said a lot of these signs stay forever and perhaps a timeframe should be stated in the code.  After several were mentioned, Alderperson Midyett suggest that one month’s time might be appropriate.  Mayor Douglass said he would bring some proposal forward next month. 

Non-Binding Tax Rates:  Mayor Douglass spoke of Senate Bill 711 passed last year mandating cities to establish a non-binding estimate of property tax rates by April 8th of each year.  The legislators are currently working on changes to this Bill.  As it stands now, if cities do not establish the estimate, they are subject to a penalty loss of 20% of revenues from property tax for the following year.  This being a non-reassessment year and given there are no new data, we are sending a letter using last year’s tax amounts. 

Alderpersons' Reports 

Two Bridges In Forest Hills:  Alderperson Schultz stated the two bridges in Forest Hills Club Estates require resurfacing, which requires lane closings for approximately two days.   

Berm Work:  Alderperson Schultz reported the subdivision contracted to revamp the berm by clearing dead bushes and doing some replanting to fill-in the blank spots.  Mayor Douglass spoke for the City, thanking Forest Hills Club Estates for taking over maintenance of the berm and doing a fine job. 

Prescription Drug Take-Back:  Alderperson Meyer once again thanked the Board for supporting the take-back program.  He reminded everyone the second take-back date is April 17 from 9:00 a.m. until 1:00 p.m. to be held at five sites around the West County area.  This is held in conjunction with Rockwood Drug Free Coalition and the various police departments.   

DWI Checkpoint:  Alderperson Meyer mentioned that because of rain, the planned DWI checkpoint that was to be held March 12 was cancelled.  Officer Taylor reported they would hold another one later this month.   

Dandelions:  Alderperson Schiller mentioned there is an abundance of dandelions along Forest Club Drive this year. 

City Attorney’s Report 

Patrick Butler spoke about the lawsuit filed against 32 municipalities in St. Louis County seeking a refund of sewer lateral fees that the plaintiffs feel were incorrectly billed by the County for condominiums or properties served by septic tanks or septic lagoons.  The suit alleges four different types of “over billing” against cities with various types of ordinances, creating at least four different sub-classes.  The thought is, because the suit was filed by sixteen taxpayers with properties in six taxing jurisdictions, which includes unincorporated St. Louis County, the attorneys for these five cities (Chesterfield, Clarkson Valley, Clayton, Kirkwood, Olivette) with named taxpayers as plaintiffs may approach the case one way, while the attorneys for the other 28 cities without any named residents may simply try to be dismissed from the suit since no one in those 28 cities is seeking relief.  Our “named residents” are Doug Adams and Tom Irwin.  Mayor Douglass reported that he spoke with Doug Adams who assured him they would drop the suit.  But since there is no word this has been accomplished and because the suit requires our response within thirty days, Patrick recommended to the Board that he be allowed to file an Entry of Appearance on behalf of the City and that he file a Motion for an Additional 30 days in which to file an Answer or other pleading with the court.  This will extend the time deadline until May 8, 2010 and give Mayor Douglass more time to talk to these two named residents.   

UNFINISHED BUSINESS 

There was no unfinished business.   

NEW BUSINESS 

Request from Forest Hills Country Club to Allow Temporary Modular Trailer for Campers “Clubhouse”:  Alderperson Schultz made a motion to allow the temporary trailer, seconded by Alderperson Meyer.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.   

BILL NO. 0409 – AN ORDINANCE AUTHORIZING A CONTRACT FOR COLLECTION OF RESIDENTIAL SOLID WASTE, RECYCLABLES, COMPOSTABLES AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAME ON BEHALF OF THE CITY OF CLARKSON VALLEY, ST. LOUIS COUNTY, MISSOURI. 

A motion was made by Alderperson Schultz and seconded by Alderperson Midyett to discuss and pass Bill No. 0409.  Mayor Douglass read Bill No. 0409 for the first reading.  Mayor Douglass explained this ordinance contains the changed language in the contract with Meridian Waste taking us from twice weekly trash pickup to once-weekly pickup and skips the months of December through March for yardwaste pickup.  Residents who desire to continue those services can enter into a separate agreement with Meridian.  There is no change in cost to the City from that of last year.  Mayor Douglass read Bill No. 0409 a second time.  A roll call vote was taken with the following result:  Ayes:  Meyer, Midyett, Schiller, Schultz, Shea, and Sittser to which Mayor Douglass stated Bill No. 0409 passes and is now Ordinance No. 10-04.  

Budget:  Mayor Douglass stated he would get together with Jim Meyer some time this month to discuss the 2010-2011 Budget. 

Audit:  Alderperson Shea made a motion to approve the audit, seconded by Alderperson Midyett to have invoices in the amount of $73,763.00 approved for payment.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.   

PUBLIC HEARING 

St. John’s Request:  City Clerk, Michele McMahon, read the Notice of Public Hearing.  Attorney, John King, introduced two of St. John’s Vice-Presidents, the sign designer Sandy Ellis and the chief architect of Archimages, Greg Garner.  Mr. Garner fielded the majority of questions regarding the proposal.  Planning and Zoning Chairman, Frank Hodgdon, summarized the March 31 meeting.  Alderperson Schultz asked why the line containing “Welcome to Clarkson Valley” was removed from the original proposal for Monument Sign #1, to which Mr. Hodgdon explained the idea to eliminate it came from the Planning and Zoning Commission Members.  Alderperson Meyer brought up the fact there will be a name change within the next year or two, to which Don Kalicak explained their operations in seven states and hospitals in four states all owned and managed by the same company but with different names and logos.  The idea is to have the same branding for all.   

The Public Hearing closed at 8:10 p.m. 

BILL NO. 0408 - AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ST. JOHN’S MERCY AUTHORIZING THE LOCATION OF TWO MONUMENT SIGNS AND THREE MOUNTED SIGNS AT 15945 CLAYTON ROAD IN THE “PC” DISTRICT IN THE CITY OF CLARKSON VALLEY, MISSOURI. 

Alderperson Meyer made a motion to discuss and pass Bill No. 0408.  Alderperson Schultz seconded the motion.  Mayor Douglass read Bill No. 0408 the first time.  City Attorney, Patrick Butler, spoke about a problem with the code in Section 505.090.A, B, and D allowing only one sign facing each roadway, one informational sign and one attached sign per building and the fix for that would be to pass a new 405.120.B paragraphs 12, 13 and 14.  He further stated that technically, the Board could not approve the Special Use Permit without changing the Code but it could be passed tonight “conditionally”.  A motion was made by Alderperson Meyer seconded by Alderperson Schultz to pass the Special Use Permit as a conditional ordinance based on the subsequent amendment of 405.120.B.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Mayor Douglass read Bill No. 0408 a second time.  A roll call vote was taken for passage of Bill No. 0408.  Ayes:  Midyett, Schiller, Schultz, Shea, and Sittser.  Alderperson Meyer abstained from voting as his firm, Abbott Laboratories, conducts business with St. John’s and it could be considered a conflict.  Bill No. 0408 was declared as having passed and Mayor Douglass stated it is now Ordinance No. 10-05.   

Alderperson Schiller made a motion to adjourn, seconded by Alderperson Meyer.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  The meeting adjourned at 8:45.

 

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Scott Douglass, Mayor

 

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