Minutes of July 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), July 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 

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

REMARKS, PETITIONS AND COMPLAINTS

 There were no remarks, petitions or complaints. 

 REPORTS

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

Sergeant Jeff Burk introduced Chief Tim Fitch.  Chief Fitch then introduced Captain Steve Sack and Lt. Colonel Ken Cox and explained that they were attending this meeting to present an award to a Clarkson Valley resident, Mrs. Madhavi Darsi, because she successfully thwarted a burglary attempt; and to Officer Thom Taylor, who pursued the same suspects culminating with their arrest.  He said the community should be aware that Officer Taylor did everything right regarding this case and he stated the importance of homeowners like Mrs. Darsi having plans to secure and protect their property.   

Mayor’s Report 

Court Report:  Mayor Douglass introduced Susan Prichard, the Court Clerk.  The total amount collected for traffic fines and court costs for the month of June 2010 was $23,010.98. 

Update on Three Housing Issues:  Mayor Douglass explained that conclusion of the three housing issues that have been in our court is not much better this month than last.  He gave a brief synopsis of where these are in the court and said he is going to utilize the Building Commissioner and Police to start over with the owners of the house in Kehrs Mill Estates.  He explained that nothing has been done regarding the second driveway monument in Forest Hills.  And we are attempting to reach the attorney to get our money from the owner of the Dunhill pond which he was recently ordered to pay. 

Clarkson Valley Day:  Mayor Douglass reported that Clarkson Valley Day was Saturday, September 25.  He said there would be booths; games and the police and fire department will participate.   

Alderpersons' Reports 

Rockwood Community Leader Pledge: Alderperson Jim Meyer, who in addition to serving as a Clarkson Valley Alderperson also serves as a member of the Rockwood Drug-Free Coalition, presented Mayor Douglass an award for taking the Rockwood Community Leader Pledge.  The Drug-Free Coalition provides leadership, education and resources to prevent and address substance abuse and unhealthy choices among Rockwood youth.   

Fenced Utility Structure In Parking Lot:  Alderperson Meyer reported there appears to be a fenced utility structure that he does not recall being on the original plans for the St. John’s Medical Building.  Mayor Douglass said the Building Commissioner would look into it.   

North Entrance To Forest Club:  Alderperson Schultz reported that a 10’ x 10’ spot on the bridge crossing Forest Club Dr. near the north entrance will be temporarily closed while repairing a deficiency. 

City Attorney’s Report 

Patrick Butler acknowledged Mayor Douglass’s birthday and everyone congratulated him. 

UNFINISHED BUSINESS 

BILL NO. 0412 – AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE III: TRAFFIC CODE, CHAPTER 340: MISCELLANEOUS DRIVING RULES, BY ADDING A NEW SECTION 340.250: LIMITATIONS ON USE OF HAND HELD ELECTRONIC WIRELESS COMMUNICATIONS DEVICES.  

Mayor Douglass explained that we are only considering texting while driving and not use of a cell phones while driving.  Sgt. Burk mentioned this Bill mirrors the State law.  A motion was made by Alderperson Schultz to pass Bill No. 0412 as presented this evening.  Alderperson Shea seconded the motion.  Mayor Douglass read Bill No. 0412 the first time.  Alderperson Schultz stated his belief that this Bill should not be restricted by the age 21 and under when considering prohibiting texting while driving.  Alderperson Midyett agreed.  Through discussion however, the age restriction was kept.  Alderperson Schultz made a motion to amend Bill No. 0412 to state in Paragraph A, upon any roadway in the city.  Alderperson Meyer seconded the motion.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Mayor Douglass read Bill No. 0412 as amended the second time.  A roll call vote was taken with the following results.  Ayes:  Meyer, Midyett, Schiller, Schultz, Shea and Sittser.  There were no nays.  It was declared Bill No.0412 passed and is now Ordinance No. 10-09. 

Bill No. 0413 – Personal Convenience Signage No Longer Than 4 Weeks:  Died for a lack of introduction. 

BILL NO. 0414 – AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE III: TRAFFIC CODE, CHAPTER 340: MISCELLANEOUS DRIVING RULES, BY DELETING SECTION 340.190: USE OF TURNING LANES AND ADDING A NEW SECTION 340.190: TWO-WAY LEFT TURN LANES. 

A motion was made by Alderperson Midyett to pass Bill No. 0414.  Alderperson Sittser seconded the motion.  Mayor Douglass read Bill No. 0414 the first time.  Alderperson Schultz stated his belief that 500’ is too long a distance and that it borders being excessive.  Sgt. Burk explained the salient portion states… Such lanes shall not be used for overtaking or passing another vehicle when no left turning movement is made.  There was more discussion.  Mayor Douglass read Bill No. 0414 the second time.  A roll call vote was taken with the following results.  Ayes:  Meyer, Midyett, Schiller, Shea and Sittser.  Nays:  Schultz.  It was declared Bill No.0414 passed and is now Ordinance No. 10-10. 

2010-2011 Budget:  Mayor Douglass mentioned the supplement showing the corrected Sanitation calculation.  A motion was made by Alderperson Shea to discuss the budget, seconded by Alderperson Meyer.  Alderperson Schultz stated he believes the City should stop valet pickup.  Mayor Douglass said his feelings were if we stopped yardwaste September 1 opposed to October 1 it would save the City the amount it needs.  Alderperson Schiller made a motion to go with the September 1 halt of yardwaste rather than October and that the City review the books in February after the personal property and real estate taxes are received to see if further action is required.  Alderperson Meyer seconded the motion.  A roll call vote was taken with the following results.  Ayes:  Meyer, Midyett, Schiller, Shea and Sittser.  Nays:  Schultz.  It was declared the 2010-2011 Budget is now passed. 

NEW BUSINESS

Alderperson Jim Meyer made a motion to amend the Agenda under New Business to discuss and vote on the lawsuit regarding the to septic sewer system lateral insurance.  Alderperson Shea seconded the motion.  Mayor Douglass explained the history of events that have taken place thus far.  Patrick Butler, the City Attorney, gave his legal version, stating the lawsuit and monies being sought apply only to those homes in Kehrs Mill Trails with septic systems.  He said the City would have to write one check to cover the years that each homeowner with septic tanks was insured.  Alderperson Shea asked it the Judge has ruled to which Mr. Butler stated he has not and that it may take months longer – there is no deadline.  Alderperson Meyer asked if there were any risks to waiting until the Judge makes his decision, to which Mr. Butler responded, “not really”.  Alderperson Meyer made a motion to do nothing until we hear from the Judge.  Alderperson Schultz seconded the motion.  The dollar amount necessary to refund was discussed and the range was from $20,700 to $24,000.  Mayor Douglass asked what the downside in expense would be if we did nothing…  $300?  $500?  City Attorney said, “It’s more than a buck.”   

A roll call vote was taken with the following results.  Ayes:  Meyer, Schiller and Schultz.  Nays:  Midyett, Shea and Sittser.  The tiebreaker vote was taken by Mayor Scott Douglass who said nay.  The motion to wait for the judge’s decision was denied.  Alderperson Meyer declared confusion by that decision.  Alderperson Shea stated that if we collected the insurance money illegally as Patrick Butler stated we did, then we need to return it.  To which Alderperson Schiller said, “We’re not sure it is illegal.” 

A motion was then made by Alderperson Shea to give the City Attorney the authority to refund the money to the residents of Kehrs Mill Trails and seconded by Alderperson Midyett.  A roll call vote was taken with the following results.  Ayes:  Midyett, Schultz, Shea and Sittser.  Nays:  Meyer and Schiller.  It was declared the City would give Patrick Butler the authority to refund the money. 

Audit:  There was a question about the mowing charge in the audit.  Officer Taylor said it was for the vacant house in Kehrs Mill Estates and the owner has been summonsed to court.  It will be repaid in the form of a lien.  Alderperson Shea made a motion to approve the audit, seconded by Alderperson Schultz to have invoices in the amount of $83,663.15 approved for payment.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.   

Alderperson Schultz made a motion to adjourn and join Mayor Douglass and the Alderpersons to help celebrate his birthday with cake and coffee, seconded by Alderperson Shea.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  The meeting adjourned at 8:40.

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Scott Douglass, Mayor

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ATTEST:  Michele McMahon, City Clerk

 

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