Minutes of July 2014 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 1, 2014.
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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 Meyer

Ward 1

 

Alderperson Dan King

Ward 1

 

Alderperson Honora Schiller

Ward 2

Alderperson Amy Setnicka Ward 2     

Alderperson Scott Schultz

Ward 3

Alderperson Lin Midyett Ward 3

Also in Attendance:

City Attorney: Patrick Butler
City Clerk: Michele McMahon   
 

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

REMARKS, PETITIONS AND COMPLAINTS 

There were no petitions or complaints.  There were, however, three gentlemen that requested to speak later in the meeting when the Agenda item was called. 

REPORTS 

St. Louis County Police Report:  Officer Wehner gave the June 2014 Activity Report.  The recent burglaries in the City resulted from unlocked vehicles (both at the country club and in private driveways) and open garage doors. 

Mayor’s Report 

Mayor Douglass reported on the following items: 

Court Report:  The total amount collected for traffic fines and court costs for the month of June 2014 was $11,357.00.   

Newsletter:  The newsletter was mailed this month. 

Texting Over 21:  The ordinance for people texting over 21 was on tonight's Agenda and stated Alderperson Meyer's intent was to create a totally hands free environment - not just texting.  Our decision tonight will be whether to pass the texting over the age of 21 ordinance which is on the Agenda, or to delay discussion this month for a later date when the issue of hands free can be addressed.  He mentioned that Kirkwood recently passed its texting over 21 ordinance as well as Manchester.  He also mentioned California and Illinois passed state statutes regarding hands free. 

Traffic Calming:  Regarding the Agenda item indicating the stealth survey conducted on Forest Club Drive in front of the club, Mayor Douglass reported he spoke with the club and they are supportive of anything the City chooses. 

Changes to Cell Tower Statute:  After speaking recently with our State Representative, Don Gosen, he came away with a new understanding of the changes that occurred when legislative leaders passed a new law designed to lower the hurdles that telecommunications companies must clear to add or expand equipment on towers.  He said the new statute is for cell towers going forward, not those already constructed. 

Commercial Grass Cutting Safety:  Mention was made of the letter sent by a resident asking the City to consider passing legislation to prohibit operators of commercial grass cutting devices to remove or tie up the discharge safety guards on their mowers, which according to this resident, is in violation of OSHA safe practices.  He also read the City Attorney's response, which was, "if the Board feels this creates a public safety issue then the Board has the authority to enact a local ordinance".  Questions included: How would we enforce such an ordinance?  Have there been any reports of accidents?  Is this truly a violation of OSHA? Alderperson King volunteered to check the OSHA law. 

Ameren's Franchise Fee:  The AmerenUE contract is on tonight's Agenda and it reads the same as it has for the past twenty years leaving out, however, the clause included in the 2005 contract that froze franchise fees after a certain high usage amount.  This should increase the fees we receive.   

Resolution Opposing Missouri Transportation Sales Tax:  The letter we received from the St. Louis County Municipal League offering a resolution in support of user fees for MoDOT but opposing the proposed $0.75 sales tax that will be on the August ballot, which will be discussed later in the meeting. 

Alderpersons' Reports 

Fence and Retaining Wall Constructed Beyond the Building Lines:  Alderperson Schiller asked the status of the fence in Forest Hills and the retaining wall in Kehrs Mill Estates West, both of which were constructed beyond the building lines without a variance and without a building permit.  The City Clerk responded the retaining wall was removed, but it is necessary for the fence proposal to either go before the Board of Adjustment with a request for variance or be removed.   

Bamboo Buckling Into Roadway:  Alderperson Schiller mentioned the bamboo that is falling onto the shoulder of Clarkson Road at the south entrance of Forest Club Drive and the need to have it cut back.  The City Clerk reported that last year MoDOT trimmed the bamboo.  When it began to grow into the roadway this year, the police officer requested their dispatcher call MoDOT to have them cut it back, but that was a week ago and nothing has been accomplished.  The City Clerk will send a letter to the resident.   

Widening North Entrance to Westhampton Subdivision:  Alderperson Midyett informed everyone they are widening the entrance of Trowbridge Road to make it easier for vehicles to ingress their subdivision.  The construction will begin Monday, July 7th.   

Replacing Curbs in Forest Hills Club Estates:  Alderperson Schultz mentioned his subdivision is in the process of replacing curbs but the construction equipment the contractors are using is old and the project is not getting accomplished as quick as they would like.  It should be finished next week. 

Lot Remains Vacant Six Months After Teardown:  Alderperson Schultz prefaced his statement by saying neither his subdivision nor the City has had much history with tear-downs, but because the number will be increasing, subdivision trustees and City officials should begin thinking of putting better rules in place.  One such law to consider would be the necessity of having plans submitted before a teardown could be permitted. 

City Attorney's Report 

There was no report.   

UNFINISHED BUSINESS 

Discuss St. Louis County Police Stealth Survey Information Regarding Forest Hills Club Estates' Request for Two Stop Signs on Forest Club Drive:  Sgt. Warner explained the outcome of the survey taken from the 85th percentile which indicated 23 MPH or lower on average.  The overall average was 17 MPH.  He concluded that after reviewing the results of the survey, in his opinion, there is not a problem.   

City Clerk Computer:  Alderperson Schiller worked with the City Clerk to first, look at what we have now versus the proposal; Windows 7 versus Windows 8 (also mentioning the anticipated lifespan of both operating systems); the reason for using the computer firm making the proposal; and a more appropriate backup process than the City Clerk currently uses (once-weekly backup and locking the 500 GB portable hard drive into a 7-hour fireproof cabinet).  Alderperson Schiller made a motion to accept the bid from Comm-Tech, seconded by Alderperson King and after taking into consideration all comments received that night; a voice vote was taken with a unanimous affirmative result.  The motion was declared passed.  The City Clerk will look into the costs involved in utilizing something like the Cloud or doing backup more often.   

PUBLIC HEARING 

SUP - Temporary "For Lease" Sign:  City Clerk, Michele McMahon, read the Notice of Public Hearing.  Alderperson Schiller explained the Planning and Zoning Hearing was held Monday, June 30.  It was a very short meeting with only two questions entertained: The square footage of the space being leased and the timeframe in which the sign would be removed.  Whereupon the Commission Members recommended unanimously the Board of Aldermen find favorably for the proposal.  There were no comments. 

NEW BUSINESS 

RESOLUTION NO. 14-04 - A RESOLUTION issuing A SPECIAL USE PERMIT TO J. P. PROPERTIES, INC. AUTHORIZING THE LOCATION OF TEMPORARY "FOR LEASE" SIGNS AT 2997 CLARKSON ROAD IN THE CITY OF CLARKSON VALLEY, MISSOURI. 

A motion was made by Alderperson King to discuss and pass Resolution 14-04.  Alderperson Midyett seconded the motion.  Mayor Scott Douglass read the Resolution.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Whereby, Mayor Douglass declared the resolution as having passed and is now Resolution 14-04.   

BILL NO. 0445 – AN ORDINANCE AUTHORIZING A CONTRACT WITH ST. LOUIS COUNTY, MISSOURI, FOR RENDITION OF POLICE SERVICES AND AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE SAME ON BEHALF OF THE CITY OF CLARKSON VALLEY.  

A motion was made by Alderperson Meyer to discuss Bill No. 0445.  Alderperson Schultz seconded the motion.  Mayor Douglass read Bill No. 0445 the first time.  Alderperson Meyer stated the new contract price increases by 3.4%, which according to the agreement letter from Lt. Blake, Commander of St. Louis County Municipal Services Unit, is due to a higher average officer rate of salary and benefits.  Alderperson Meyer asked to go on record to say the police officers do a great job and he considers them heroes.  These same officers have not received a raise in six years.  He said because the CPI of 12% over these six years is up - their pay is down.  He stated that his thought is; we need to signal to the County this is not right.  He concluded by saying he would like to go on record by voting No.  Alderperson Schiller mentioned that we should notify our County Council Representative of this discussion.  Mayor Douglass read Bill No. 0445 the second time.  A roll call vote was taken with the following results.  Ayes:  King, Midyett, Schiller, Schultz and Setnicka.  Nays:  Meyer.  It was declared Bill No.0445 passed and is now Ordinance No. 14-01. 

Audience Discussion of Request for Stop Signs:  Alderperson Schultz mentioned the three gentlemen who were waiting for their opportunity to discuss the stop sign issue have not been heard.  The gentlemen posed the question, "What was before the Board of Aldermen regarding this issue?"  Mayor Douglass responded there was nothing on the table.  It was explained that during Fall of last year, Alderperson Schultz made a motion for two stop signs on Forest Club Drive, but withdrew the motion until we could schedule a stealth survey during summer.  The method used to pass ordinances related to public safety, i.e. speed limits, stop signs, etc. is for the subdivision trustees to request city investigation and possible action.  With the study results in, there is nothing to propose. 

Alderperson Setnicka then spoke of her proposal, saying first that stop signs might not work and enforcement is only a temporary solution.  Also, it would be unreasonable to have residents stop twice during the off-season.  She would like to propose a speed limit of 21 MPH and 15 MPH which is more enforceable, she said.  She handed out a power point presentation for the Alderpersons to review.   

Alderperson King commended the Forest Hills Club Estates Trustees for their thoughtfulness on this subject.  

BILL NO. 0446 - AN ORDINANCE AUTHORIZING A CONTRACT FOR COLLECTION OF RESIDENTIAL SOLID WASTE, RECYCLABLES, COMPOSTABLES AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAME ON BEHALF OF THE CITY OF CLARKSON VALLEY, ST. LOUIS COUNTY, MISSOURI. 

Alderperson Meyer made a motion the City contract with Meridian Waste for collection of residential solid waste, recycling and compostables, seconded by Alderperson Schultz.  Meridian Waste is requesting a 1% increase this year along with minor adjustments to the individual contracts for valet, second-day, and yard waste pickups.  Mention was made of the recent glitch in billing and how Meridian remedied the error.  Mayor Douglass read Bill No. 0446 the second time.  A roll call vote was taken, with the following results.  Ayes: King, Meyer, Midyett, Schiller, Schultz, and Setnicka.  There were no Nays.  Whereby, Mayor Douglass declared Bill No. 0446 as having passed and is now Ordinance No. 14-02. 

BILL NO. 0447 - AN ORDINANCE RENEWING AN EXISTING FRANCHISE AND GRANTING FOR A PERIOD OF TWENTY (20) YEARS TO UNION ELECTRIC COMPANY D/B/A AMEREN MISSOURI, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE, RIGHT, PERMISSION AND AUTHORITY TO CONSTRUCT, RECONSTRUCT, EXCAVATE FOR, PLACE, MAINTAIN, OPERATE, AND USE ALL EQUIPMENT, FACILITIES, DEVICES, MATERIALS, APPARATUS OR MEDIA INCLUDING BUT NOT LIMITED TO DUCTS, LINES, PIPES, HOSES, CABLES, CULVERTS, TUBES, POLES, TOWERS, WIRES, CONDUITS, CONDUCTORS, MANHOLES, TRANSFORMERS, UNDERGROUND VAULTS, SWITCHGEAR, CAPACITORS, RECEIVERS, AND APPLIANCES IN CONNECTION THEREWITH, IN, ALONG, ACROSS, OVER AND UNDER THE STREETS, ROADS, ALLEYS, SIDEWALKS, SQUARES, BRIDGES, AND OTHER PUBLIC PLACES IN THE CITY OF CLARKSON VALLEY AND AREAS DEDICATED TO THE CITY FOR PUBLIC UTILITY USE, FOR THE PURPOSE OF TRANSMITTING, FURNISHING AND DISTRIBUTING ELECTRICITY WITHIN AND THROUGH SAID CITY, PRESCRIBING THE TERMS AND CONDITIONS OF SUCH GRANT, IMPOSING CERTAIN OBLIGATIONS UPON THE GRANTEE, ITS SUCCESSORS AND ASSIGNS, SUCCESSIVELY, IN CONNECTION THEREWITH. 

Alderperson Meyer made a motion to discuss Bill No. 0447, seconded by Alderperson Schultz.  Mayor Douglass read Bill No. 0447 the first time.  There was no discussion.  Mayor Douglass read Bill No. 0447 the second time.  A roll call vote was taken, with the following results.  Ayes: King, Meyer, Midyett, Schiller, Schultz, and Setnicka.  There were no Nays.  Whereby, Mayor Douglass declared Bill No. 0447 as having passed and is now Ordinance No. 14-03. 

Texting Over 21:  After a short discussion and with a motion made by Alderperson Schiller and seconded by Alderperson Meyer, it was unanimously agreed that we would discuss this when it can be presented as a "Hands Free Devices Only" Bill. 

RESOLUTION NO. 14-05 - A RESOLUTION OPPOSING MISSOURI TRANSPORTATION SALES TAX. 

A motion was made by Alderperson Schiller to discuss Resolution 14-05.  Alderperson Schultz seconded the motion.  Mayor Scott Douglass read the Resolution.  Alderperson Schiller made a second motion to delete the two derogatory paragraphs regarding rural roads, seconded by Alderperson Schultz.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  A voice vote was then taken for passage of the amended Resolution with a unanimous affirmative result and the motion was declared passed.  Whereby, Mayor Douglass declared the resolution as having passed and is now Resolution 14-05.   

Audit:  Alderperson Schiller made a motion to approve for payment invoices in the amount of $63,851.56 seconded by Alderperson Schultz.  Mayor Douglass mentioned his recent review of the lateral sewer program and mentioned the residents have been good stewards in attempting to garner the lowest bids and commended them.  A voice vote was taken to approve the audit with a unanimous affirmative result and the motion was declared passed.  

Alderperson Schultz made a motion to adjourn, seconded by Alderperson King.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  The Meeting of the Board of Aldermen adjourned at 8:45 p.m. 

Scott Douglass, Mayor

ATTEST:  Michele McMahon, City Clerk

 

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