City of Clarkson Valley
Missouri

Minutes of June 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), June 4, 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 Susan Shea Ward 1
Alderperson Jim Sharp 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

A motion was made by Alderperson Sharp to amend the Minutes of May 14, 2002, to change the wording from a recommendation was made to a motion was made in the last paragraph on page five. Alderperson Gatto seconded the motion. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. A motion was made by Alderperson Shea to accept the Minutes as amended, 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. Jim Jacobsmeyer, a resident of Westhampton Subdivision requested that the Board of Aldermen consider changing the rules regarding external changes to homes in the City. He would like the rules to include a citizen's review in the approval process. Mayor Douglass asked him if he had a specific instance in mind, to which Mr. Jacobsmeyer responded that his neighbor is proposing to build something and he has no ability to share his concerns. Because the proposed project will have an environmental impact on his property, he would like to have a right of veto. Mayor Douglass explained the procedure of the plan review process by both the Trustees of the Subdivision and the Architectural Review Board. Alderperson Sharp mentioned that the City Engineer would review the plans for any environmental impact.

A resident of the Clarkson Farm Subdivision, Mrs. Mary Swearingen, informed the Board that mud and suds continue to enter her subdivision's pond from the property at CitiMortgage. She related that the parking lot with two hundred and fifty (250) temporary spaces was completed but she continues to see vehicles still parking in the church lot and noted that the bus is still running between the church, Fru-Con and CitiMortgage. Mayor Douglass said he would look into the situation.

Mr. Tim Hasara, a resident of the Kehrs Mill Estates Subdivision, asked if anyone could enlighten him as to what is happening regarding construction and/or widening on Kehrs Mill Road. He said he called St. Louis County Highway Department and they referred to a project entitled Clarkson Road Improvement. Mayor Douglass said he was aware that an improvement was to take place in several years to remove the "S" curve and level the grade. Alderperson Sittser asked Mr. Hasara if he had heard anything different to which Mr. Hasara responded that he had heard basically the same but added that yesterday, trees were removed along the south side of Kehrs Mill Road abutting his property (across the street from the High School where the old one-lane bridge used to be). Mr. Hasara said his wife, Amy Dewein, called Dennis Bice of the Highway Department and that he was not aware of the tree removal. Mayor Douglass said he would call St. Louis County Highway Department and he would make a report at next month's meeting.

Mr. Randy Mayer, a resident in the City of Wildwood, spoke regarding the Kiernan Acres re-subdivision of Lots 1 and 2, stating his opinion that the acreage is not conducive to four lots.

Mr. David Merrick, a resident of the Westhampton Subdivision explained a Canada geese problem that his neighborhood was experiencing, stating that he can no longer walk outside of his house because of the geese droppings. He asked the Board if they had any remedies or could create an ordinance to remedy the situation since geese have no natural predator. Mayor Douglass informed those present that Mrs. Swearingen's husband attended an informational meeting regarding this matter last year and asked Mrs. Swearingen to describe any remedies she may recall. She explained first that border collies are very effective in permanently chasing the flock to new territory. She also explained that you could oil eggs or vigorously shake them and they would not hatch. Mayor Douglass said there is a packet of information that he would be happy to send to Mr. Merrick.

Mr. Allen Icet introduced himself, stating that he is running for the 84th District as a State Representative. He explained that because of the re-districting, Clarkson Valley will move into the 84th District from the 89th District. He added that this is Mr. Bill Linton's last term and he is not only endorsed by Linton, but by Klarich, Loudon, and St. Onge.

REPORTS

Ballwin Police Report: Sgt. Bob Wayne explained that every three years, a new officer is rotated into the School Resource Officer program (SRO). At the July meeting he said that Captain Saulters would introduce the new SRO: fourteen-year (14) veteran, Officer Steve Moehlenkamp.

He then gave his report and said that the City was in receipt of a complaint and asked Ballwin Police to monitor the traffic situation for summer school, which just began this week, and to possibly re-format the electric signal at Clarkson and Kehrs Mill Roads. He informed the Board that the whole intersection is within the jurisdiction of the City of Chesterfield. He said that Captain Saulters contacted Missouri Department of Transportation (MoDOT) to advise them that they received a complaint and also contacted Chesterfield's traffic division to advise them of same. Mayor Douglass said the City is in discussion with Chesterfield regarding annexing this intersection. He concluded by saying that the officers in the Ballwin Police Department have been given orders to strongly enforce the no left turn during certain hours egressing the Marquette High School parking lot onto Kehrs Mill Road and they will write tickets accordingly.

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 May 2002 was $14,138.67

Dean Case: Mayor Douglass stated that the Board Members would discuss this case later.

July 2nd Meeting of the Board of Aldermen: Mayor Douglass remarked that he was notified that two Alderpersons were unable to attend the July Board Meeting. He instructed everyone to check his or her calendars in search of a new meeting date.

Trustee's Sharing of Information Meeting: Mayor Douglass announced that the topic of subdivision indentures was discussed at length in respect to how they are handled in conjunction with building permits. It was determined that City Hall would let the Presidents of Trustees know when building permits in their subdivision were approved by the Building Commissioner. This would be in the form of a brief e-mail message or telephone call. Also, it was determined the City would hold a building permit for a fourteen (14) day period or until the Trustee's approval of the plans was granted and then it would be released to the resident.

Kehrs Mill Road Improvements: Mayor Douglass informed those present that St. Louis County's Highway Department just this week added asphalt patches in certain places where the asphalt had washed away along both the north and south side of Kehrs Mill Road between Clarkson Road and Strecker Road.

CitiMortgage Parking Lot: Mayor Douglass explained that he spoke with the Public Works Director of the City of Ellisville and was surprised to find the following information: He learned that the retention pond at CitiMortgage has, from its inception, flowed into the Clarkson Farm subdivision pond, further stating that MSD approved the storm water run-off. He then described a conversation he shared with Terry Rosenstrauch who informed him that when a certain type of petroleum product that seals asphalt runs off the pavement, it creates foam and that Terry feels that the foam in his pond is formed from that type of run-off. The Alderpersons agreed that this petroleum run-off could be an environmental concern. At this time it was noted that it was 8:00 p.m. and the Public Hearing portion of the meeting commenced.

PUBLIC HEARING

Kiernan Acres Re-subdividing Lots 1 & 2: City Clerk, Michele McMahon, read the notice of Public Hearing. Mr. Rick Raleigh introduced himself and stated that he is very familiar with our City. He said that in the mid 80's, he along with Givens, built approximately half of the houses in the Kehrs Mill Estates Subdivision. He said he is very familiar with the City and has every intention of protecting the view and noise levels for residents of the surrounding lots with a fifty feet (50') buffer strip. The houses will range from upwards of $800,000 and he asked for the Board's approval. Alderperson Gatto inquired about one of Mr. Mayer's concerns regarding the water and sewer access from across the street. Mr. Raleigh said that Mr. Mayer's allegation is true; he has not approached the owners regarding this because this is not the appropriate time, as he has not received approval to go forward.

Alderperson Sittser asked what the proposed project's start date might be, to which Mr. Raleigh responded that he would like to begin construction if everything goes well in February or March of 2003. He said he spoke to the highway department and received preliminary approval for site ingress/egress. Alderperson Gatto asked if the Alderpersons from Ward 1 (Shea and Sharp) have heard from any constituents regarding this issue. Alderperson Shea said she spoke with one opponent and also telephoned another resident of Kehrs Mill Trails who would be impacted even further than that of the opponent. The opponent felt if the fifty feet (50') barrier of trees were maintained, they would be happy; the other felt that the price of the house could only increase their property value significantly and they were actually pleased with the proposal.

Home Occupation: City Clerk, Michele McMahon, read the notice of Public Hearing. Mayor Douglass read the appropriate paragraphs from the Minutes of the Planning and Zoning Hearing held May 28, 2002. There were no comments.

Special Use Permit - Signage: City Clerk, Michele McMahon, read the notice of Public Hearing. There were no questions or comments. Mayor Douglass then announced that the Public Hearing portion of the meeting closed at 8:10 p.m.

Mayor's Report - Continued

CitiMortgage Run-off Problem - Continued: Alderperson Gatto made a motion to contract for the services of a hydrologist. The question was posed, "What if it is found that a lot of siltation has occurred?" Alderperson Sharp asked whose issue this was, to which Alderperson Shea responded that if the run-off were toxic, it would be the City's issue. Mayor Douglass reminded everyone that water run-off will contain silt and this basin was approved by a governmental agency, however, run-off containing contaminates is not right. He asked if the City feels it appropriate to hire someone. Other services were mentioned, such as the Environmental Protection Agency (EPA) and the Department of Natural Resources (DNR).

Zoning Commissioner, Frank Hodgdon, informed those present that the basin run-off doesn't stop at Clarkson Farm Subdivision's pond, it flows from there to Westhampton's retention pond and from there to Forest Hills Club Estates' retention ponds.

The motion on the floor to contract for services with a hydrologist to assess the situation regarding the Clarkson Farm Subdivision's retention pond was seconded by Alderperson Shea. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Alderpersons' Reports:

Phase II Storm Water Planning Committee: Alderperson Sittser reported that he attended the Committee meeting along with Mayor Douglass during the previous month. At the meeting they spent three hours discussing metrics and various other issues; came up with no conclusions; then he summarized by saying that he plans to attend next month's meeting where the discussion can pick up again.

Berm Update: Alderperson Gatto reported that she had an opportunity previous week to pull and spray weeds, pick up litter, and that she carefully reviewed the berm. She said that the mulch looked good and does not appear to require a top-dressing of mulch. She informed the Board that the day lilies were almost in bloom.

Web Page: Alderperson Gatto explained that the usual uploads were made to the web page this month, further explaining that she is also changing the format of the Code to better aid the residents. She concluded by saying that she created a link between Clarkson Valley and the Manners of Clarkson Valley Subdivision's web site. She also linked us to St. Louis County's web page and added that although we were listed on their web page, our web page was not linked.

Sound Walls - Clarkson Road: Alderperson Schiller asked if the Aldermen received a copy of the letter (attached) from MoDOT that described construction of three sound walls along Clarkson Road. Alderperson Gatto reported that she did research on the Internet this past month and found some interesting information (attached). The main question, however, was whether the city had a right of refusal for the sound wall. Alderperson Gatto reminded those present, that at last month's meeting a resident of the City of Ballwin, Tony Zafiropoulos, mentioned that if speeds were decreased by ten miles per hour, the decibel level would accordingly diminish by five. She observed that people driving on Clarkson Road tend to speed and rather than lower the speed limit, asked if the City could request more enforcement from Ballwin Police and issue more tickets. Alderperson Sharp noted that noise is a function of the volume of vehicles in addition to their speed. Alderperson Sittser asked what the time factor is for this project, to which Alderperson Schiller quoted from the MoDOT letter: bid-letting in April 2003; construction commencing next summer; completion set for the fall of 2003.

Alderperson Schiller suggested that the residents of Clarkson Valley be open minded about the project and work with MoDOT. She said that at the proposed meeting with MODOT, residents would have an opportunity to review the plans and make suggestions and then, if MoDOT does not entertain our suggestions then there may be further recourse. Alderperson Schiller spoke about the petition that was delivered to us with our resident's signatures indicating their disapproval of the sound wall and pointed out that there appears to be some discrepancies with who signed and who did not. She concluded by asking everyone to be open-minded until we have an opportunity to review the plans.

Wetlands: Alderperson Shea stated her concern regarding the condition of the wetlands and asked if anyone has been in contact with Marquette High School? Mayor Douglass conveyed that phone calls were exchanged but no contact has been made yet. He said he would follow up with the school later in the week.

Deer Issue: Alderperson Shea briefed those present that the deer population has dramatically increased. She reported that she would meet with another resident to discuss the problem this week.

Kehrs Mill Road - Revamping: Alderperson Sharp reported that St. Louis County's Highway Department worked on Kehrs Mill Road last week and this week and today they laid somewhere between 18" to 24" of chad. This chad will prevent further rutting.

Trampoline: Alderperson Sharp reported that his subdivision had an incident with a trampoline in the driveway. He further reported that the neighbors moved the trampoline.

Budget 2002-2003: Alderperson Sharp reported that he and Mayor Douglass worked on the budget this past month. The first draft of the budget is in the Council Members packets and he informed the Board that, regretfully, there would be a $100,000.00 projected shortfall. As far as this year's budget goes, he disclosed that it appears revenues were better than anticipated and expenditures appear to be lower than anticipated. Referring to this year's budget he reported that it was necessary to show a decrease in interest income. He mentioned the two biggest expenditures, which are police and sanitation. Mayor Douglass reminded the Board that last year the State passed a requirement to charge an additional $2.36 per ticket for the Crime Victims Compensation Fund and because the City started collecting that fund in January, last year's budget figures both on the expense side and the revenue side reflect an increase that had not been accounted for. It is another consideration to take with this year's budget.

Mosquitoes: Alderperson Shea asked what the City is doing regarding Mosquitoes. City Clerk, Michele McMahon, reported that the City continues to be larvicided on a weekly basis and thus far has been sprayed for adult mosquitoes twice. Michele reported that another adulticiding would take place during the middle of this week.

City Attorney's Report:

City Attorney, Patrick Butler, stated that he worked this month on the Dean's case but said we would talk about that later in the evening. He further reported that his office received requests for two Sunshine Law material: one regarding the City's Zoning Map (the petitioner would not indicate what parcel of land for which they were interested), and an attorney who wanted copies of all the previous weeks traffic tickets. He concluded by saying that our City, along with several others, is pressuring Rejis to come up with a program that can access tickets sans the social security number and other non-public information.

Unfinished Business

BILL NO. 0241 - 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 FOUR (4) SQUARE FEET IN "C" OFFICE DISTRICTS.

A motion was made by Alderperson Twichell to introduce and pass Bill No. 0241. Alderperson Gatto seconded the motion. Mayor Douglass read the Bill for the first time. He then read the appropriate paragraphs from the minutes of the Planning and Zoning meeting held May 28, 2002. There was a small discussion about "C" Zoning then Mayor Douglass read the Bill for the 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. 0241 passed and is now Ordinance No. 02-06.

Redefining the Definition of Garage: Alderperson Jim Sharp made a motion to reintroduce Bill No. 0240 and requested that the Board reconsider a new definition of garage. Alderperson Gatto seconded the motion. A voice vote was taken with five ayes and one nay and the motion was declared passed. Mayor Douglass said this would be added to a future Agenda.


New Business

BILL NO. 0242 - AN ORDINANCE APPROVING THE SUBDIVISION OF LOT 1 AND LOT 2, KIERNAN ACRES, INTO FOUR (4) RESIDENTIAL LOTS.

A motion was made by Alderperson Twichell to introduce and pass Bill No. 0242. Alderperson Sharp seconded the motion. Mayor Douglass read the Bill for the first time. Mr. Frank Hodgdon asked about the appropriateness of the Ordinance being passed at this time. He said the plans that were submitted were preliminary and in order for the Ordinance to be considered, the developer needs to prepare and submit the final development plans. There was no second reading and no vote was taken.

BILL NO. 0243 - AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE IV: LAND USE, BY DELETING THE CURRENT DEFINITION IN SECTION 405.040 HOME OCCUPATION, AND ADDING A NEW DEFINITION IN SECTION 405.040 HOME OCCUPATION.

A motion was made by Alderperson Twichell to introduce and pass Bill No. 0243. Alderperson Gatto seconded the motion. Mayor Douglass read the Bill for the first time. He then read the appropriate paragraphs from the minutes of the Planning and Zoning Hearing that was held May 28, 2002. Alderperson Gatto said that she had issues with the definition. She mentioned the City of Chesterfield's Home Occupation Policy and Procedure sheet that was in their packet contained a Regulations list. After discussion, Alderperson Gatto made a motion to use Regulations 4 and 6 and the first sentence in Regulation 8. Alderperson Twichell seconded the motion. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Alderperson Sharp made a motion to table Bill No. 0243, seconded by Alderperson Shea. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

BILL NO. 0244 - AN ORDINANCE GRANTING AUTHORITY TO COLLECT A FEE OF TWENTY-FIVE DOLLARS ($25.00) FOR ANY RETURNED CHECK DUE TO INSUFFICIENT FUNDS, UNCOLLECTED FUNDS OR BECAUSE CERTAIN ACCOUNTS HAVE BEEN CLOSED.

A motion was made by Alderperson Twichell to introduce and pass Bill No. 0244. Alderperson Gatto seconded the motion. Mayor Douglass read the Bill for the first time. City Clerk, Michele McMahon, explained that up until two years ago, the City received from between two to five returned due to non-sufficient funds per year and these past two years the City averages over 15 returned checks per year. She felt that raising the fine from five dollars ($5.00) to twenty-five dollars ($25.00) would be sufficient to cover the handling of bad checks. Mayor Douglass read the Bill for the 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. 0241 passed and is now Ordinance No. 02-07.

Forest Hills Country Club - Request for Pyrotechnic Display: A motion was made by Alderperson Shea to approve the request for Forest Hills Country Club's fireworks display to take place on July 4, 2002.

Audit: Alderperson Twichell made a motion to have invoices in the amount of $68,428.48 approved for payment. Alderperson Twichell seconded the motion. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Alderperson Sharp made a motion for the Board of Aldermen of Clarkson Valley to hold a closed meeting immediately after the adjournment of the regular open meeting to discuss matters falling under the provisions of RSMo Section 610.021, paragraph 1 regarding possible legal action. Alderperson Gatto seconded the motion. The meeting adjourned at 9:30 p.m.

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Scott Douglass, Mayor

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ATTEST: Michele McMahon, City Clerk


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