City of Clarkson Valley
Missouri

Minutes of February 2002 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), February 5, 2002.
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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 Jim Sharp Ward 1
Alderperson Susan Shea Ward 1
Alderperson Honora Schiller Ward 2 Alderperson Victoria Brenner
Alderperson Mary Ann Gatto Ward 3
Alderperson Melinda Twichell Ward 3

Also in Attendance:

City Attorney: Patrick Butler
City Clerk: Michele McMahon

A motion was made by Alderperson Twichell to approve the Minutes of January 8, 2002 and January 15, 2002, seconded by Alderperson Sharp. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.


REMARKS, PETITIONS AND COMPLAINTS:

Mr. Walt Mixson of the Westhampton Subdivision spoke of his concern regarding the barrier wall proposed to be built along a small portion of the west side of Clarkson Road. He fears the existing noise may be exacerbated by the sound wall that would deflect from the west side of Clarkson Road to the east side, the side on which he resides. He is concerned that no protection is being afforded to Westhampton residents and would like to know that the Board of Alderman is aware of his concern and that they will keep it in mind as they deal with this subject. Alderperson Schiller reported that in speaking to various individuals and in reading some of the material she has come across, she found that it is possible for noise to travel across the road due to these barriers and there are sound absorption panels that we need to take into consideration. She further explained that walls can be planted with ivy and the material composition and texture of the wall should be considered to absorb the sound, which would help to eliminate the rebound effect. She reported that the committee plans to hold a meeting within a month to get input from the residents regarding the texture, color and height of the proposed wall.

Alderperson Gatto said that because the sound barrier wall affects everyone in the City, a newsletter would be in order and she will report on that later in this meeting.


REPORTS

Ballwin Police Report:

Lt. Bushery reported that the officers wrote more tickets this month than usual. He then described a near fatal accident that took place on Clarkson at Kettington Road. The cause of the accident was due to diabetic insulin shock and apparently the victim was no longer able to navigate the vehicle. He crashed head-on into oncoming traffic, injuring other parties.

Alderperson Sharp asked for an update regarding Forest Hills Club Estate's Guard House. Lt. Bushery responded that it is still under investigation. It appears the perpetrator backed into the structure and then left the scene of the accident.

Mayor's Report:

Mayor Douglass reported on the following:

Court Report: The total amount collected for traffic fines and court costs for the month of January 2002 was $16,303.04.

Sewer Lateral Repair: He reported that we have spent a considerable amount of time on the lateral sewer repair policy and procedures and it should be ready for approval tonight.

Changes to Code - Signage: Once again, he reported that a considerable amount of time has been spent on revamping the signage code but feels it should be ready for approval tonight.

Alderpersons' Reports:

Web Site:Alderperson Gatto reported that she added the code to the web site and asked everyone present to view the site when they get a chance. City Clerk, Michele McMahon gave Alderperson Gatto a compliment on the work she accomplished, stating that when we received the code on disk from the codifier, it came in titles only and that Mrs. Gatto broke the titles into sections and created a separate index. Alderperson Gatto stated that as the Board passes these Ordinances she would add the Ordinances to the Code and the web site. Everyone thanked her.

Beautification: Alderperson Gatto related that she received a phone call from Joe Pawlowitz, who stated that it is once again time for the City to consider its twice annual spraying of the bushes and evergreens on the west side of Clarkson Road. He will charge the same amount that he has charged, which is $350.00 per spray. She also mentioned that since the time we began using his services, no trees have been lost along Clarkson Road. Alderperson Gatto made a motion for a twice annual spraying at $350.00 per spray, seconded by Alderperson Shea. A voice vote was taken, with a unanimous affirmative result, and the motion was declared passed.

Newsletter: Alderperson Gatto conveyed that it was time to create another newsletter. In it she would like to mention that residents should not feed the deer; what took place at the City-wide Trustee Meeting that was held two months ago; plus any information we can pass on from the various Ordinances that may be passed tonight. Alderperson Sharp mentioned that he thinks it would be beneficial to announce the individual subdivision meeting dates. The City Clerk, Michele McMahon volunteered to send an e-mail to the Trustees to request that information.

Airport Noise: Alderperson Schiller reported that the Spirit of St. Louis Airport Community Committee would meet February 21. Hopefully, this will be the last meeting of this interim committee because the FAA is expected to approve the 150 Airport Noise Compatibility Program Study Grant.

Sound Barrier Wall: Alderperson Schiller reported further that she would like to have a representative of the Missouri Department of Transportation attend the sound barrier meeting and is attempting to find a meeting place. She ordered a book from the Federal Highway Administration and the information is available on the web site www.fhwa.dot.gov/environment/noise/manual.htm.

Trash Along Kehrs Mill Road: Alderperson Twichell commented that over the weekend she had an opportunity to drive along Kehrs Mill Road. She observed a significant amount of trash along the side, particularly at the curve on the south side of Marquette High School. Mayor Douglass stated that he would contact St. Louis County Department of Transportation and request a clean up.

Attorney's Report City Attorney, Patrick Butler stated that it had been a quiet month. He reported that he worked along with Mayor Douglass to create the changes to the Code for garages, accessory buildings, signs and lateral sewer repair. All of which will be discussed later in the meeting.

Unfinished Business

Sewer Lateral Repair - Policy and Procedure: The Alderpersons and Mayor Douglass considered several changes to the policy and procedure of sewer lateral repair. At 8:00 p.m. it was announced that the Public Hearing portion of the meeting would be opened.

PUBLIC HEARING

Proposed Changes to the Indentures of Restrictions - Pleasant Valley Forest: City Clerk, Michele McMahon read the notice of Public Hearing. Mr. Charles Steib introduced himself stating that he was attending tonight's meeting as legal counsel to Pleasant Valley Forest in their request for the Board's approval for the proposed changes to their Indentures of Restrictions. He submitted the five (5) exhibits to the Alderpersons and to Mayor Douglass and gave a brief history stating that the request originally went to the Planning & Zoning Commission on January 30, 2002. The Commission unanimously agreed to recommend to the Board that they approved the request. He informed the Board members that their job was to make sure that the Indentures conformed to Clarkson Valley's Ordinances. He then gave a brief summary of the differences of the Indentures from the newest version to those dated August 6, 1979.

Amending Introductory Language to Title IV - Zoning: City Clerk, Michele McMahon read the notice of Public Hearing. Mayor Douglass gave the brief history for the necessity of the change of language stating that the language was codified originally in 1988 and that in the recodification process, Frank Hodgdon noticed that the language did not make sense. This Ordinance, he explained, would eliminate that problem.

Changes to Zoning - Signage, Accessory Buildings and Attached Garages: City Clerk, Michele McMahon read the notice of Public Hearing. Mayor Douglass explained that the Board of Aldermen has been working for the past three months on the language regarding signage. A resident, Greg Bogosian of Forest Hills Club Estate, asked three questions relating to Bill No. 0237: Legal counsel's review of prior case law; definition of Symbol; and how the City would regulate Political Signage. Mayor Douglass and the Board Members answered all questions and the Public Hearing was declared closed.

Unfinished Business - Continued

Sewer Lateral Repair - Policy and Procedure: Alderperson Sharp made a motion to adopt the Policy and Procedures, as amended at this meeting, of the Sewer Lateral Repair. Alderperson Gatto seconded the motion. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

BILL NO. 0234 - AN ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BY MAYOR SCOTT DOUGLASS ON BEHALF OF THE CITY OF CLARKSON VALLEY WITH THE CITIES OF BALLWIN, CHESTERFIELD, ELLISVILLE, MANCHESTER, TOWN & COUNTRY, WILDWOOD AND WINCHESTER RELATIVE TO MUTUAL AID ASSISTANCE IN DISASTER OR EMERGENCY SITUATIONS.

A motion was made by Alderperson Schiller to introduce and pass Bill No. 0234. Alderperson Gatto seconded the motion. Mayor Douglass read the Bill for the first time. He briefed the Board of the history of this Mutual Aid Contract by stating that the cities involved in the Lafayette Area Mayors' Organization who meet nine times or more each year, decided to pool resources in order to assist each other in the event of a disaster or emergency situation. Mayor Douglass read Bill No. 0234 the second time. A roll call vote was taken with the following results: Ayes: Gatto, Schiller, Sharp, Shea and Twichell. Whereupon Mayor Douglass declared Bill No. 0234 passed and is now Ordinance No. 02-01.

New Business

Indentures of Restrictions - Pleasant Valley Forest: A motion was made by Alderperson Shea to accept the changes in the Indentures of Restrictions for Pleasant Valley Forest. The motion was seconded by Alderperson Twichell. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

BILL NO. 0235 - AN ORDINANCE TO AMEND THE INTRODUCTORY LANGUAGE IN SECTION 405.040, TO CLARIFY THE MEANINGS OF THE WORDS "SHALL" AND "MAY".

A motion was made by Alderperson Twichell to introduce and pass Bill No. 0235. The motion was seconded by Alderperson Sharp. Mayor Douglass read the Bill for the first time. Upon hearing no questions, he read the Bill for the second time. A roll call vote was taken with the following results: Ayes: Gatto, Schiller, Sharp, Shea and Twichell. Whereupon Mayor Douglass declared Bill No. 0235 passed and is now Ordinance No. 02-02.

BILL NO. 0236 - AN ORDINANCE AMENDING THE ZONING REGULATIONS IN SECTION 405.120 OF THE MUNICIPAL CODE, CITY OF CLARKSON VALLEY, MISSOURI, BY REQUIRING A SPECIAL USE PERMIT FOR ANY SIGN IN EXCESS OF TWO (2) SQUARE FEET.

A motion was made by Alderperson Gatto to introduce Bill No. 0236. The motion was seconded by Alderperson Twichell. Mayor Douglass read the Bill for the first time and called attention to the note stating that the Planning and Zoning Commission would like to see a definition added to the Code regarding Outline Area and Nameplate. Alderperson Twichell asked that the reference to Nameplate as regards to Home Occupation be left out of this Ordinance. After further discussion, a roll call vote was taken to pass Bill No. 0236 (as read) with the following results: There were no Ayes. Nays: Gatto, Schiller, Sharp, Shea and Twichell. Whereupon Mayor Douglass declared Bill No. 0236 as having failed. City Attorney, Patrick Butler was asked to revise the definition of Home Occupation and Outline Area.

BILL NO. 0237 - AN ORDINANCE AMENDING THE MUNICIPAL CODE, CITY OF CLARKSON VALLEY, MISSOURI, BY ADDING NEW SECTION REGULATING THE INSTALLATION AND MAINTENANCE OF SIGNS.

A motion was made by Alderperson Sharp to introduce Bill No. 0237. The motion was seconded by Alderperson Twichell. Mayor Douglass read the Bill for the first time and read several passages from the Planning and Zoning Commissioner's report in which some suggestions were made. Alderperson Shea related that some of the Planning and Zoning Members were surprised at this Bill in its attempt to limit the number of Open Houses one might have and that it could potentially impede their ability to sell a home. Various motions were made to eliminate some of the stipulations as spelled out in Bill No. 0237. Voice votes were taken with affirmative results and the motions were all declared passed. Mayor Douglass read the Bill as amended for the second time. A roll call vote was taken to pass Bill No. 0237 as amended, with the following results: Ayes: Gatto, Schiller, Sharp, Shea and Twichell. Whereupon Mayor Douglass declared Bill No. 0237 passed and is now Ordinance No. 02-03.

BILL NO. 0238 - AN ORDINANCE AMENDING THE ZONING REGULATIONS IN SECTION 405.040 OF THE MUNICIPAL CODE, CITY OF CLARKSON VALLEY, MISSOURI, BY ADDING NEW DEFINITIONS - AN ACCESSORY BUILDING AND AN ATTACHED GARAGE.

A motion was made by Alderperson Sharp to introduce Bill No. 0238. Alderperson Gatto seconded the motion. Mayor Douglass read the Bill for the first time. He stated that the Planning and Zoning Commission shared some concerns regarding accessory buildings at the Planning and Zoning Hearing held on January 30, 2002. Of specific concern was that the size of a swimming pool accessory building should not be limited to two hundred (200) square feet. Alderperson Shea related that some members of Planning and Zoning felt the new Ordinance on accessory buildings was too restrictive. Alderperson Schiller stated there were too many variables to consider that could not be dealt with in one Ordinance and recommended the present Code not be changed. She further recommended that there be three members on the Architectural Review Board and before a resident may proceed with a Building Permit, two of the three members of this Architectural Review Board must grant their approval to any given project. Alderperson Gatto reminded the Board that the Planning and Zoning Commission recommended approval of this Bill. She also stated that the consensus of Alderpersons felt that only one accessory building on a lot was desired and that relying on subdivisions to be restrictive was not being prudent. Alderperson Schiller then made a motion to eliminate the paragraph in Section 2, Bill No. 0238 regarding Accessory Buildings. Alderperson Shea seconded the motion. A roll call vote was taken with the following results: Ayes: Schiller, Sharp and Shea. Nays: Gatto and Twichell. Whereupon Mayor Douglass declared the motion as having passed. As this changed the intent and purpose of the Bill, no vote was taken on Bill No. 0238. The Board asked City Attorney, Patrick Butler to create a new Bill to include only language regarding Attached Garages.

Audit: Alderperson Twichell made a motion, seconded by Alderperson Shea, to have invoices in the amount of $66,894.43 approved for payment. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Alderperson Twichell made the following motion "to hold a brief closed meeting of the Board of Aldermen immediately after the adjournment of the regular open meeting in order to discuss matters falling under the provisions of RSMo Section 610.021, paragraph 3 regarding hiring, firing, disciplining or promotion of particular employees by a public governmental body when personal information about the employee is discusses or recorded. Alderperson Shea seconded the motion.

Mayor Douglass then called for a vote by asking: "Shall the Board of Aldermen of Clarkson Valley hold a brief closed meeting of the Board of Aldermen immediately after the adjournment of the regular open meeting in order to discuss personnel matter falling under the provisions of RSMo Section 610.021, paragraph 3 regarding personnel matters?" A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

A motion to close the open meeting was made by Alderperson Twichell. Alderperson Shea seconded the motion. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

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Scott Douglass, Mayor

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ATTEST: Michele McMahon, City Clerk


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