Minutes of February 2007 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 6, 2007.
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Alderman Wendell Sittser explained that Mayor Scott Douglass could not preside over this evening’s meeting because he was attending an out-of-town funeral and that as President of the Board of Aldermen, Mr. Sittser would chair. 

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 

Ward 1

 Alderperson Susan Shea 

Alderperson Jim Meyer

Ward 1

 

Alderperson Honora Schiller

Ward 2

Alderperson Wendell Sittser Ward 2     

Alderperson Scott Schultz

Ward 3

Vacant Ward 3

Also in Attendance:

City Attorney: Patrick Butler
City Clerk: Michele McMahon 

Alderperson Schultz made a motion to amend this evening’s Agenda.  First, he explained, it is necessary to perform the swearing-in of Paul Young, who was recommended to fill the vacancy left by Walt Mixson when he moved from Ward 3 to Ward 1.  Alderperson Schiller seconded that motion.  A voice vote was taken with an affirmative result and the motion was declared passed.  The second Agenda item to be amended was removal of Bill No. 0347, which requires a public hearing before the Planning and Zoning Commission.  Alderperson Schiller seconded that motion.  A voice vote was taken with an affirmative result and the motion was declared passed. 

Chairman Sittser introduced Paul Young and the swearing-in took place.  Everyone congratulated Alderperson Young and thanked him for volunteering.  

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

REMARKS, PETITIONS, COMPLAINTS

Mr. Stan Green, the President of Trustees of the Manors of Clarkson Valley Subdivision, made comments of his subdivision’s indentures which state that only single-family residents can inhabit a house in the Manors Subdivision and that is the way the residents of his subdivision would like to keep it.  He further explained there is a home in his subdivision currently housing three to five unrelated women and the thirty-four homeowners within the subdivision are considering amending their indentures stipulating that leasing of houses is prohibited.  

Mr. Peter Buhrman, a fellow-trustee who happens to reside next to this group home reiterated that residents of the subdivision are not happy with the situation and would hope that Clarkson Valley Board Members do not approve the application submitted by the attorneys representing the consecrated women living in the house.  

Ms. Lauren Hoover, who lives in the group home in the Manors Subdivision, begged forgiveness saying when they moved in August, they were not aware they were violating the code of the city or the subdivision indentures.  She said as soon as they found out they were in violation, they contracted for people to help them.  

Mrs. Michelle Hildebrand, a resident of the Manors Subdivision spoke of the law on the books and how these women truly violate their indentures, saying she has nothing against the people that reside in the house.  She blames the realtors as well as the homeowner, who has moved out-of-state.  She concluded by saying the homeowners should be fined.  

Mr. Gregg Bogosian, a resident of Forest Hills Club Estates, spoke regarding the ice storm-related damage and how he feels the City fell short of its duty regarding the tree limb pickup.  He feels the storm damage exceeded residents’ ability to bundle the debris.  

Mr. Alex Nowicki, also a resident of Forest Hills Club Estates, spoke about storm-related problems.

REPORTS

Ballwin Police Report  

Captain Schicker presented the January Police Report.  One Alderperson asked about dog bites and how they are handled?  Captain Schicker responded that any report of animal bites is given to the County.  He further stated that Ballwin Police handles animals running at large, leash law violations, animals defecating on private property, excessive noises (barking), etc.; but not bites – per Ordinance.

Chairman's Report 

Court Report:  The total amount collected for traffic fines and court costs for the month of January 2007 was $18,940.91, which he explained is a higher amount than normal because it was a six-week accounting period due to the December holiday.

Deer Harvest 2006-2007:  Chairman Sittser stated, this being the third year for allowing controlled hunting in the City, it appears the deer harvest final count for this season was below that of its first and second season.  The first year there were 81 deer harvested; the second year harvest was 52; this year there were 45 deer harvested – a 50% drop from the first year.  Everyone concluded either the deer were getting smarter or the Chesterfield hunt has curtailed our harvest figures.   

Aldermanic Report

Board of Adjustment Hearing – Connecting Roof Element:  Alderperson Schiller stated that she attended the January 10th Meeting of the Board of Adjustment, where the attached garage and connecting roof element was discussed.  She explained the 16’ rule thinking that it appears arbitrary at best and feels the Architectural Review Board and Subdivision Trustees should consider each application on its own merit.   

Storm Debris Cleanup:  Alderperson Scott Schultz, who in addition to serving as Ward 3 Alderman also volunteers as President of Trustees of the Forest Hills Club Estates, said he agrees with Mr. Bogosian and Mr. Nowicki – it was quite a storm.  He went on to say, however, that he and other fellow Trustees along with Dowco (the company that salts and performs snow-removal during the winter and does landscaping and grass cutting during the summer), cleared the streets of debris to ensure the safety of the subdivision’s inhabitants.  He reported that a good percentage of the subdivision homeowners have cleaned up the debris left by the storm.  He also reported that some homeowners contracted for dumpsters and it is a viable way to remove the debris.  

He explained that Clarkson Valley is unique in that the City pays 100% of sanitation and yard waste removal.  He went on to say that he estimates that he has saved over $3,500 over the years he has lived in Clarkson Valley and the $240 he spent to have his lot cleaned of storm debris pales in comparison.  He said his opinion is by virtue of the nature of the storm this cleanup process will last several months.  

City Attorney’s Report  

City Attorney, Patrick Butler, stated that he met with representatives looking at rezoning and that it will be referred to Planning and Zoning, which will meet sometime this month.  He also met with attorneys representing the group home, which also will be referred to Planning and Zoning.  He was happy to report the Judge working on the Kehrs Mill Trails vs. Kingspointe lawsuit dismissed Clarkson Valley from the suit.  Regarding the sound wall litigation, the State still has to reply to our appeal.  We then have to respond by February 20.  Then there will be a summary judgment with argument in front of the appeals court.  A decision will then be rendered within two or three months.   

UNFINISHED BUSINESS  

There was no unfinished business.  

NEW BUSINESS  

Officer Curt Saitta spoke of the State Statute that recently changed regarding window tinting and that it is now necessary to obtain a court order giving permission for one to be allowed to have side window tinting.  He explained how Ballwin changed its code and is asking Clarkson Valley Officials to consider changing theirs.  He said every marked Ballwin police car is now equipped with a window tinting measuring device and he demonstrated how the meter works.  

BILL NO. 0348 - AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI IN TITLE III. TRAFFIC CODE, CHAPTER 380: VEHICLE EQUIPMENT, ARTICLE II. OTHER VEHICLE EQUIPMENT BY DELETING SECTION 380.180: VISION-REDUCING MATERIAL APPLIED TO WINDSHIELD OR WINDOWS WITHOUT PERMIT PROHIBITED – PENALTY – RULES – PROCEDURE AND ADDING A NEW SECTION 380.180: VISION-REDUCING MATERIAL APPLIED TO WINDSHIELD OR WINDOWS WITHOUT PERMIT PROHIBITED – PENALTY – RULES – PROCEDURE.  

Alderperson Schultz made a motion to consider and pass Bill No. 0348.  Alderperson Meyer seconded the motion.  Chairman Sittser read Bill No. 0348 the first time.  There was no discussion.  Alderperson Schiller made a motion to read Bill No. 0348 by short title.  Alderperson Schultz seconded the motion.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Chairman Sittser read Bill No. 0348 the second time.  A roll call vote was taken with the following result:  Yeas:  Meyer, Schiller, Schultz, Sittser and Young, whereby Chairman Sittser declared Bill No. 0348 as having passed and is now Ordinance No. 07-03.  

Audit:  Alderperson Schiller made a motion, seconded by Alderperson Meyer to have invoices in the amount of $83,250.72 approved for payment.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.   

Alderperson Schultz made a motion for the Board of Aldermen of Clarkson Valley 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 8:10 p.m.  

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                                         Wendell Sittser, President of Board of Aldermen

 

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ATTEST:  Michele McMahon, City Clerk

 
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