Minutes of October 2009 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), October 6, 2009.
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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 Barbara Hethcote Ward 3

Also in Attendance:

City Attorney: Patrick Butler
City Clerk: Michele McMahon 

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

Mayor Douglass announced the Board would hold a Public Hearing at 8:00 p.m. to hear the outcome and recommendations of the Planning and Zoning Commission for which a Hearing was held September 30, 2009. 

 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 September Police Report.  Mayor Douglass mentioned a letter he received indicating that since there is now a middle turn-lane on Kehrs Mill Road at the school’s eastern-most entrance, prohibiting a left turn out or into the school is no longer necessary since the danger aspect has been removed.  Alderperson Schiller mentioned the Code would require a revision to remove that.

Alderperson Hethcote announced that she would like to go on public record once again about the left-turn situation while egressing the Fru-Con parking lot onto Clarkson Road, stating it is extremely dangerous.

 Mayor’s Report

Court Report:  The total amount collected for traffic fines and court costs for the month of September 2009 was $13,739.50.

Third Shift Police Officer Rotation:  Mayor Douglass explained the City would now have two officers rotating into the third shift.  They would also be used for vacation replacement for our first and second shift officers.  He expressed that he has great confidence St. Louis County Police Captain Corless, Sergeant Burk and NPO Thom Taylor will find the right fit of personnel for the neighborhood.

Prosecuting Attorney:  Mayor Douglass spoke, saying he understood that Alderpersons Hethcote and Schiller could not attend the interviews to hire the Prosecuting Attorney, mentioning that Alderperson Schiller was out-of-state attending her father’s 100th birthday.  (Congratulations!) He thanked Alderpersons Meyer, Shea, Sittser and Schultz for attending and making up the quorum necessary to pass, and that he appreciated their input.  He announced that with a vote of four-to-zero, the City has chosen a new P.A. and will hold a meeting with Judge Lusser, April Porter (the new Prosecuting Attorney), the Court Clerk and himself.

Animals and Fowl Ordinance:  Mayor Douglass thanked Alderpersons Sittser and Hethcote for working with him to put together the animal and fowl ordinance, which will be discussed tonight. 

PODs:  Mayor Douglas said he worked on the PODs ordinance that will be discussed tonight.

Kehrs Mill Road Construction - Dilemma:  Mayor Douglass reported he is meeting next Tuesday with St. Louis County Highway personnel and the Krupps representative, Dan Alvers, because there appears to be a problem with the sod they laid behind the retaining wall.  It will be difficult to maintain at the Murphy property, where they took out trees and laid sod.  It will now be necessary for Mr. Murphy to come down the hill at the back end of a wooded area he cannot see from his house in order for him to mow.  Farther east at the Jones’ property, where the grade takes a terrific slant upward and cannot be easily mowed, presents a problem that will also be discussed.

Bamboo and Other Vegetation vs. Native Grasses - Wetland vs. Wet Land:  Mayor Douglass stated he heard from the Roberts and the Stopke’s and this would be discussed later.

Granting Amnesty to Those Currently in Warrant Status:  Mayor Douglass stated the request to hold a City-sponsored amnesty is currently on hold and we are now in dialogue with the police officers to work on arresting those in warrant status.  City Attorney, Patrick Butler, said there is a way to work with Jefferson City to suspend the defendants’ licenses for not appearing in court on their appointed dates.  Mayor Douglass asked him to look further into that matter.

Alderpersons' Reports

Forest Club Drive – North Entrance:  Alderperson Schultz said he received numerous phone calls asking about the north entrance to Forest Club Drive and when it would reopen.  He said the concrete appeared to be cured at this point and should reopen Wednesday. 

Bamboo and Other Vegetation vs. Native Grasses - Wetland vs. Wet Land… Revisited:  Alderperson Schultz stated he received four phone calls about the weed problems and would let Mayor Douglass take care of it. 

Kuhlmann Phone Call:  Alderperson Schultz received a phone call from Mr. Kuhlmann, who lives behind Fru Con on Fox Chapel Lane.  When the retention pond was rebuilt to MSD’s current stipulations, it required removal of mature trees and the location of a road partially surrounding the pond.  Mr. Kuhlmann can now see the retention pond and road, whereas he was previously unable.  Through discussion with Mayor Douglass at a recent meeting, St. John’s builder, VISDEV, was kind enough to approve the planting of additional landscaping.  A discussion was held about the road with the concern being that it is possibly accessible to parkers.  Through discussion it was determined a dumpster would be placed, thus blocking the driveway to potential violations.  The dumpster would be moved at times when MSD schedules maintenance.

Forest Hills Club Estates – Second Tear-Down:  Alderperson Schultz reported the second tear-down in his subdivision is, so far, going well and that hopefully, it will go better than the first.

15998 Kettington - SOLD:  Alderperson Hethcote said that 15998 Kettington Road in her subdivision just sold “as is”.  She asked if the City could come up with a form letter addressing various issues and warning of the danger of parking cars in front of the house while under reconstruction.  The City Clerk was directed to send a letter.  At the same time, Alderperson Hethcote asked if the City Clerk could send a letter to Tidd Realty as well, about her own house on the market.

Receiving Notification When Houses List Or Sell:  Alderperson Schultz mentioned that both the City and he receive electronic notification when a house in Clarkson Valley lists or sells with Karen Hafeli, a realtor and previous resident.  He asked if the City Clerk found this helpful, to which it was noted it was extremely helpful but that is just one small cog in a large wheel.  Alderperson Schultz reminded the Board the reason this was brought up in March of this year was because he received a phone call from a resident of Forest Hills Club Estates who witnessed several times moving vans and/or trucks experiencing trouble navigating a turn in the Herworth cul-de-sac.  He went on to explain that when a home in Clarkson Valley changes owners, neither the subdivision nor the City is made aware.  Nor can they find that information until it shows on the county DOR records and that is only if one is looking to find the change of ownership.  Mayor Douglass suggested that when Trustees and Alderpersons going through their subdivisions see a “For Sale” sign or a “Sold” sign, that if the City is notified, the City can address various potential issues with the sellers and/or buyers.  Mayor Douglass said we would work on this.

PUBLIC HEARING 

City Clerk, Michele McMahon, read the Notice of Public Hearing that the Board of Aldermen of the City of Clarkson Valley, Missouri, will hear a request from Midwest Music for permanent signage at its music conservatory located at 15977 Clayton Road; and for changes to the zoning code of the City of Clarkson Valley in language for certain prohibited fence materials in the “PC” district and to consider amending language to the City’s adoption of the International Residential Code allowing habitable basement space (other than sleeping rooms) without additional means of egress.  Mayor Douglass mentioned Frank Hodgdon who chaired the meeting, was present tonight to answer any questions, as was Alderperson Shea, who served at that meeting.  There was no discussion.

The Public Hearing closed at 8:05 p.m. 

Alderpersons' Reports - Continued

Attended Meetings:  Alderperson Shea mentioned she attended several meetings this past month, including the Planning and Zoning Hearing and the interview for Prosecuting Attorney. 

Frontenac Charges for Yardwaste Pickup:  Alderperson Shea stated she read that the City of Frontenac will soon begin charging their residents $30 per month to pick up yardwaste. 

City Attorney’s Report

Patrick Butler mentioned a Board of Adjustment Hearing was held on September 9th with four petitions.  Each of the four received variances. 

UNFINISHED BUSINESS

BILL NO. 0398 – AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE V: BUILDING CODES AND REGULATIONS, ARTICLE I. BUILDING CODE, SECTION 500.020 AMENDMENTS, AT SECTION R310 EMERGENCY ESCAPE AND RESCUE OPENINGS BY ADDING A NEW SECTION R310.5 ALTERATIONS AND ADDITIONS.

A motion was made by Alderperson Shea to discuss and pass Bill No. 0398.  Alderperson Sittser seconded the motion.  Mayor Scott Douglass read Bill No. 0398 for the first time.  There were several questions pertaining to hard-wired smoke detectors.  Mayor Douglass read Bill No. 0398 the second time.  A roll call vote was taken, with the following results.  Ayes: Hethcote, Meyer, Schiller, Schultz, Shea, and Sittser.  There were no Nays.  Whereby, Mayor Douglass declared Bill No. 0398 as having passed and is now considered Ordinance No. 09-12. 

City Attorney, Patrick Butler, mentioned the City is required to amend the building code regarding sprinklers.  He said he would e-mail the resolution to Mayor Douglass.

NEW BUSINESS

BILL NO. 0396 – AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MIDWEST MUSIC AUTHORIZING THE LOCATION OF A TEMPORARY SIGN AT 15977 CLAYTON ROAD IN THE CITY OF CLARKSON VALLEY, MISSOURI.

A motion was made by Alderperson Schiller to discuss and pass Bill No. 0396.  Alderperson Sittser seconded the motion.  Mayor Scott Douglass read Bill No. 0396 for the first time.  Frank Hodgdon and Alderperson Shea reminded the Board that this is just a temporary sign and a site plan for the location of the permanent sign will be submitted after that time when St. Johns submits the location of theirs.  Mr. Hodgdon also mentioned that Jerry Roberts agreed to bring a demonstrator sign to show the size, LED, etc.  Mayor Douglass read Bill No. 0396 the second time.  A roll call vote was taken, with the following results.  Ayes: Hethcote, Meyer, Schiller, Schultz, Shea, and Sittser.  There were no Nays.  Whereby, Mayor Douglass declared Bill No. 0396 as having passed and is now considered Ordinance No. 09-13. 

BILL NO. 0397 – AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE V: BUILDING CODES AND REGULATIONS, ARTICLE V. MISCELLANEOUS BUILDING REGULATIONS, SECTION 500.190: FENCE REGULATIONS BY ADDING A NEW SUB-PARAGRAPH IN PARAGRAPH E. PROHIBITED FENCES.

A motion was made by Alderperson Schiller to discuss and pass Bill No. 0397.  Alderperson Meyer seconded the motion.  Mayor Scott Douglass read Bill No. 0397 for the first time.  There was no discussion.  Mayor Douglass read Bill No. 0397 the second time.  A roll call vote was taken, with the following results.  Ayes: Hethcote, Meyer, Schiller, Schultz, Shea and Sittser.  There were no nays.  Whereby, Mayor Douglass declared Bill No. 0397 as having passed and is now considered Ordinance No. 09-14.  

PODs:  Through discussion the motion and second to amend Bill No. 0399 was removed as was the motion and second to discuss and pass Bill No. 0399.  The item was tabled until next month when a reworked version will be brought back for the Board’s consideration. 

BILL NO. 0400 – AN ORDINANCE DELETING CHAPTER 205: ANIMALS AND FOWL IN ITS ENTIRETY AND ADDING A NEW CHAPTER 205: ANIMALS AND FOWL.

A motion was made by Alderperson Hethcote to discuss and pass Bill No. 0400.  Alderperson Sittser seconded the motion.  Mayor Scott Douglass read Bill No. 0400 for the first time.  Alderperson Schiller made a motion to amend Section 205.020 to read the way it was originally written.  Alderperson Meyer seconded the motion.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Alderperson Schultz made a motion to amend Section 205.110 by deleting the length of ten (10) feet when dealing with constrictor reptiles.  Alderperson Sittser seconded the motion.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Alderperson Schiller asked why the paragraph on inoculation was removed from the Ordinance.  Mayor Douglass explained that unless we have an ordinance requiring registration of animals, it becomes a moot point because there is no way to enforce the inoculation requirement.  It was determined there was a typo in Section 205.220 with repeated words: owners of animals, which will be deleted.  Mayor Douglass read Bill No. 0400 the second time.  A roll call vote was taken, with the following results.  Ayes: Hethcote, Meyer, Schiller, Schultz, Shea, and Sittser.  There were no Nays.  Whereby, Mayor Douglass declared Bill No. 0400 as having passed and is now considered Ordinance No. 09-15. 

Resolution 09-021: RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY URGING VOTERS TO BECOME KNOWLEDGEABLE ABOUT PROPOSITION E-911, NOVEMBER 3, 2009, BALLOT ISSUE RELATING TO FUNDING FOR A COUNTYWIDE EMERGENCY COMMUNICATIONS SYSTEM.  A motion was made by Alderperson Sittser to pass this Resolution, seconded by Alderperson Schultz.  Mayor Douglass spoke passionately of the importance of this being passed.  It was determined the City would scan the educational brochures and e-mail it to everyone for whom we have an electronic address.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Audit:  Alderperson Schiller made a motion to approve the audit, seconded by Alderperson Sittser to have invoices in the amount of $82,275.77 approved for payment.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

Alderperson Shea made a motion 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 2 regarding legal ramifications at 9:00 p.m., seconded by Alderperson Hethcote.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

Alderperson Sittser made a motion to adjourn, seconded by Alderperson Meyer.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

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