City of Clarkson Valley
Missouri

Minutes of February 2004 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 3, 2004.
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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 Wendell Sittser

Ward 2

 

Alderperson Mary Ann Gatto

Ward 3

 

Alderperson Melinda Twichell

Ward 3

 

Also in Attendance:

City Attorney: Patrick Butler
City Clerk: Michele McMahon 

Alderperson Gatto made a motion to accept the Minutes, seconded by Alderperson Schiller. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

 
REMARKS, PETITIONS AND COMPLAINTS:

There were no remarks, petitions or complaints.


REPORTS

Ballwin Police Report: 

Captain Rick Wise handed out the Police Summary for January 2004.  Alderperson Gatto asked Captain Wise if there was a minimum clearance that needed to be maintained regarding the width of a street.  She indicated there were trucks parked along Kettington Road and a police car right behind her.  She could barely squeeze through, but the police did not stop and issue or make a request to the trucks' owners to move them.  Captain Wise reported that the trucks needed to be fifteen (15) feet away from the intersection.  If cars could get by, that is all that is necessary.

Alderperson Schiller asked if there was a reason why fewer tickets were written this January than January 2003?  Captain Wise said there were many variables; weather being the biggest determinant. 

 Mayor's Report:

Mayor Douglass complimented the Board Members by telling those present they should be very proud of the Board of Aldermen.  He said they worked through differences of opinion and came up with a viable means to manage the size of the deer population.

Court Report:  The total amount collected for traffic fines and court costs for the month of January 2004 was $14,823.00.

Building Commissioner Resigns - Agrees to Stay Until Replacement is Found:  He reported that Norman Fott, who has served as Clarkson Valley's Building Commissioner for between twenty (20) or twenty-three (23) years, officially resigned at a Working Session held several weeks ago. He agreed to continue serving, however, until someone is hired to take his place. 

Dumpster Issue - Forest Hills Club Estates:  Mayor Douglass reported that following last month's meeting, Mr. Arneson was contacted and asked to remove the dumpster from the cul-de-sac in front of his house.  He further reported the dumpster was removed. 

Certain Architectural Standards Regarding Fireplace Units:  He stated that Mrs. Roggensack's Architect, Victor Vouga, was supposed to call our Building Commissioner to discuss certain aspects relating to woodburning/gas vented fireplaces.  At this time, Roggensack's Architect is busy but has promised to telephone the Building Commissioner this spring.

Request For Proposal - Police Contract:  He reported the City Attorney, Patrick Butler, is working on an RFP for police service.  These should go out in a few weeks.

Letters to Rockwood School District:  He asked if the Alderperson received copies of the letters mailed by Ballwin Police regarding the drop-off and parking in front of the Early Childhood Development Center.  Everyone received his or her copies.  He requested Captain Wise periodically check to see if "No Parking" signs were posted.

St. Louis County Sales Tax Holiday:  Mayor Douglass reported the St. Louis County Council unanimously adopted Resolution #4631, 2004 stating its intent to participate in the Sales Tax Holiday authorized by Sec. 144.049 of the Missouri Revised Statutes, 2003.  He said what this means is the County is exempting from the countywide sales tax on all sales of certain clothing, personal computers, computer software, and school supplies, occurring within the St. Louis County boundaries during the period beginning at midnight on August 13, 2004, and ending at midnight on August 15, 2004.  He further stated that only municipalities with "point-of-sale" status could opt out and that because we are a "pool" city, this would have an ultimate effect on our tax dollars.

Alderpersons’ Reports

Rockwood School District - Plans for a Fifty (50) Meter Pool:  Alderperson Schiller received an e-mail from a resident inquiring about the possibility of a fifty (50) meter swimming pool being proposed at Crestview Middle School.  She asked if the City was contacted by Rockwood School District?  Mayor Douglass responded that we have not.

Dumpster Woes:  Alderperson Sharp mentioned a phone call he received about a dumpster parked in a driveway in his subdivision.  He said since this was an Agenda item, he would wait to discuss this at the appropriate time.

Wildlife Management Committee Report:  Alderperson Shea reported that the West St. Louis County Deer Task Force is sending a random survey to request residents' attitudes about deer control.  She said 5,600 questionnaires were mailed last Friday and asked if anyone present received one?  There were no affirmative responses.  She said an independent firm would be tallying the surveys and they have promised a 99.5% accuracy rate.  Alderperson Shea then introduced Ms. Erin Shank of the Missouri Conservation Agency.

They reported that an aerial survey was taken the first day of snow, Wednesday, January 28.  She gave the perimeter of this surveillance as a total of 3.4 square miles and stated the count found there to be 86.6 deer per square mile.  An astounding figure, since twenty (20) is considered an ideal population for this semi-rural area.  Prior to this, the highest reported number per square mile was fifty-nine (59) and that was in Rockwoods Reservation and Greensfelder Park.  She then reported that their last meeting dealt with the topic of birth control for deer and the troubles and commitment involved in this.  She stated some of the group's future topics and said she would give the next report following their March 23, 2004 meeting.   

City Attorney Report: 

Mr. Patrick Butler reminded everyone that the City will hear two Applicants at a February 17 Board of Adjustment Hearing.

 UNFINISHED BUSINESS

Deer Management:  Mayor Douglass stated that the City has been talking to Ms. Erin Shank, Missouri Department of Conservation, and that that Agency authorizes controlled hunts in Missouri.  He then read the definition of a controlled hunt as defined in Bill No. 0270.  Ms. Shank spoke on such matters as the required area necessary to hold a bow hunt opposed to the additional space needed to hold a sharpshoot; hunting only from elevated tree stands - no ground hunting; and keeping the season open to both bow and rifle because of our deer population.

Ms. Shank recommended the City allow the Missouri Department of Conservation to host a Damage Control Hunt - Bait and Sharpshoot now.  She explained that a special permit is necessary and the Department of Conservation plans the hunt to the tiniest detail.  Permits are issued through the state.  Further stated was the fact that if rifle shooting is permitted at this sharp-shoot, more damage can occur in a shorter period of time.  She suggested that next year the City hold a regular hunt through a complete season to see how many deer are harvested.  

PUBLIC HEARING: 

Mayor Scott Douglass announced that he was opening a Public Hearing to listen to the comments of those present regarding the deer issue.  Mrs. Lois Crocker, who resides in Kehrs Mill Trails, related the terrible damage to the woods.  She said the residents of her subdivision do not want to wait until next year's hunting season.  She stated the woods were devastated and there was nothing left to replenish the seedlings and wildflowers that were lost because of the deer's overgrazing.  Another Kehrs Mill Trails resident, Mary Barton, commented that she doesn't quite have three (3) acres of land but she has counted up to thirty (30) deer on her property.  Mrs. Lynn Dolson, same subdivision, volunteered her three (3) acre property to have someone hunt.  She stated that in the nine (9) years she lived there, she sees no seedlings returning and fears losing her mature oak trees.  The Public Hearing portion of the Meeting closed.

UNFINISHED BUSINESS - Continued: 

Deer Management - Continued:  Alderperson Gatto stated her desire to do a damage control hunt.  Ms. Shank detailed what a damage permit entails, stating some of the costs involved - such as a processing fee (average cost being $60 per deer) and the liability of the landowner.  Also, if a sharpshooter is requested from the Department of Conservation, a fee is charged.  She further mentioned that this is the tail-end of a Bait and Sharpshoot season for two reasons: the daylight has an effect on the feeding habits of deer and very soon, the vegetation will be blooming and the deer will not be interested in the bait.  Ms. Shank said she would like to get this Damage Control Hunt underway within a week. 

Mayor Douglass polled the group by asking whether we want to do the Bait and Sharpshoot now or does the City want to wait until next year's hunting season?  Alderperson Gatto asked if the Alderpersons could pass a Resolution or an abbreviated Ordinance now and then follow up with a Bill next month?  The consensus felt the sharpshoot should be done now and work on the other ordinance (Bill No. 270) at a later date.

Because this hunt is limited to the Kehrs Mill Trails Subdivision, the question was asked how best to advise the residents?  It was determined that we would work along with the Department of Conservation to inform as many people as possible and that we would consider posting signs at the entrances to the subdivision.  Also, a statement would be posted on the website.

A motion was then made by Alderperson Gatto to suspend the current ordinance prohibiting the discharge of firearms and projectiles for this specific hunt and to proceed with the Damage Control Hunt as authorized by the Missouri Department of Conservation and requested by certain landowner(s).  Alderperson Shea seconded the motion.  A voice vote was taken with an affirmative result of five (5) ayes, one (1) nay and the motion was declared passed.  A motion was then made by Alderperson Schiller, seconded by Alderperson Sharp to amend the previous motion by stating the hunt is limited to the Kehrs Mill Trails Subdivision.  A voice vote to amend the previous motion was taken with an affirmative result of five (5) ayes, one (1) nay and the motion was declared passed. 

Further Discussion on Ventless and Gas Burning Fireplace Units:  Mayor Douglass spoke about one item explained in a letter written by Norman Fott, Building Commissioner, addressing the issue of Flue Height and Enclosures is that Roggensack's do not have a chimney.  It is a ventless unit, which Fott says is generally installed in warmer climates.  He asked everyone to read Fott's letter, review the photographs provided by Mrs. Roggensack and call him with thoughts.  He requested that, if possible, we come up with a strawman for next month's meeting.

NEW BUSINESS: 

BILL NO. 0271 – AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE II: PUBLIC HEALTH, SAFETY AND WELFARE, CHAPTER 225: SOLID WASTE MANAGEMENT, ARTICLE 1. TRASH COLLECTION AND DISPOSAL GENERALLY.

A motion was made by Alderperson Twichell to introduce and pass Bill No. 0271.  Alderperson Sharp seconded the motion.  Mayor Douglass read Bill No. 0271 for the first time and explained that this was discussed at last month's meeting.  Alderperson Sharp asked about the terminology of thirty-five (35) gallon containers when the standard industry-size was ninety (90) gallons?  It was determined the text should be changed to indicate ninety (90) gallons.  Alderperson Sharp asked how the changes to the Building Permit Application (asking if the permitee intended to use a construction dumpster and regulating the length of time which with it could be maintained on premises) could be enforced.  To which City Attorney, Patrick Butler, explained that it is enforceable.

PUBLIC HEARING

Mayor Douglass announced at 8:35 that a five (5) minute Public Hearing would be held and called on Mark Arneson, a Forest Hills Club Estate resident, to speak.  Mr. Arneson thanked Mayor Douglass.  He explained that he housed a dumpster to collect demotion material from an old retaining wall, consisting of contaminated railroad ties.  He stated the length of the dumpster unit was the equivalent of one-and-one-half car lengths.  It did not stop school busses from navigating the cul-de-sac nor did is constitute a hazard in his opinion.  He posed two questions to the Board.  He asked the difference between this dumpster versus the sometimes fifteen or so trucks belonging to construction workers and/or pallets of stone blocks ready for retaining walls to be built that are placed in the street?  All are hazards, he agreed, but necessary evils.  He said that eventually, all homeowners in Forest Hills Club Estates would need to get rid of tie walls if they have them.  He concluded by saying that the dumpster he maintained for five (5) weeks is gone.  He would like the Board of Aldermen to consider not passing this Bill tonight.

Mrs. Janet Young, a Trustee in the Kehrs Mill Trails Subdivision stated that each street within a subdivision is owned and maintained by the residents of that subdivision and asked the Board why they are considering passing this Ordinance?  She stated that these are subdivision issues and urged the Board of Aldermen to vote no.  Mayor Douglass then concluded this portion of the Public Hearing.

NEW BUSINESS - Continued:

Passage and Discussion of Bill No. 0271 - Continued:  Alderperson Gatto expressed her thoughts that this is a serious issue.  A dumpster is built differently than a car and to just say it is the equivalent of one-and-one-half cars is erroneous.  Roads are built for vehicles.  She also said she would be concerned with building materials being placed in or upon a road or street.  Alderperson Sharp made a motion for Special Use Permits to be issued to those who absolutely require the dumpster's placement in a street upon the Planning and Zoning Commissions approval and the Board of Aldermen's approval.  Alderperson Gatto seconded the motion.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Mayor Douglass read Bill No. 0271 for the second time noting the changes.  A roll call vote was taken, with the following results.  Ayes:  Gatto, Schiller, Sharp, Shea, Sittser and Twichell.  Whereupon Mayor Douglass declared Bill No. 0271 as having passed and is now Ordinance 04-01.

It was agreed that the change to the Building Permit Application regarding dumpsters would be adopted.

BILL NO. 0272 – AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE I: GOVERNMENT CODE, CHAPTER 100: GENERAL PROVISIONS, ARTICLE III: PENALTY BY DELETING PARAGRAPH A AND ADDING A NEW PARAGRAPH A.

A motion was made by Alderperson Gatto to introduce and pass Bill No. 0272.  Alderperson Sharp seconded the motion.  Mayor Douglass read Bill No. 0272 for the first time and explained that this would increase the ability to fine for a continuing penalty from up to $500 per day to $1,000 per day.  Mayor Douglass read Bill No. 0272 a second time.  A roll call vote was taken, with the following results.  Ayes:  Gatto, Schiller, Sharp, Shea, Sittser and Twichell.  Whereupon Mayor Douglass declared Bill No. 0272 as having passed and is now Ordinance 04-02.

Discuss Additional Language on Board of Adjustment Application:  Mayor Douglass read the three newly added sentences relating to requested changes stemming from last month's Board of Adjustment Hearing:  Applicant is prohibited from contacting Board Members; Members of the Board of Adjustment are required to view the applicant's property prior to Hearing; and during the Hearing the Applicant is granted twenty (20) minutes to speak on behalf of their project.  All agreed to the changes after a grammatical error was corrected.

Solicitors at Clarkson and Clayton Roads:  Mayor Douglass explained that the City of Ellisville is continuing to work on annexing all four corners of Clarkson and Clayton Roads, which will deter the solicitation taking place.  St. Louis County currently grants the solicitor's one day per quarter to hold a boot block.

Audit:  Alderperson Shea made a motion seconded by Alderperson Twichell to have invoices in the amount of $72,658.08 approved for payment.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Alderperson Twichell made a motion to adjourn, seconded by Alderperson Shea.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  The meeting adjourned at 9:00 p.m.

  
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Scott Douglass, Mayor

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ATTEST: Michele McMahon, City Clerk



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