City of Clarkson Valley
Missouri

Minutes of October 2004 Meeting
Board of Aldermen

RECORD OF PROCEEDING

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Meeting of the Board of Aldermen of the City of Clarkson Valley - Held at Marquette High School - Theater, October 5, 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
Ward 2

Alderperson Wendell Sittser - Absent

Alderperson Honora Schiller Ward 2
Alderperson Walter Mixson Ward 3
Alderperson Melinda Twichell Ward 3

Also in Attendance:

City Attorney: Patrick Butler
City Clerk: Michele McMahon

A motion was made by Alderperson Twichell to approve the Minutes as amended. Alderperson Sharp seconded the motion. A voice vote was taken, with a unanimous affirmative result, and the motion was declared passed.

REPORTS

Ballwin Police Report: 
Captain Steve Schicker disseminated the Police Summary for September 2004.  There were no questions or comments for the Captain.

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 September 2004 was $16,419.12.   

St. John's Mercy Medical Office Building:  Mayor Douglass reported that the general contractor for the doctor's building was expected to be announced this week.

Solicitors at the Intersection of Clarkson Road and Clayton Road - Update:  Mayor Douglass said he received several inquiries this past weekend regarding the solicitation at Clarkson and Clayton Roads.  He said our city has been working with the City of Ellisville for several years.  He said St. Louis County currently regulates that intersection and the City of Ellisville has petitioned to obtain total jurisdiction over that intersection.

Alderpersons' Reports:
           

 Beautification of Berm:  Alderperson Mixson said he had an opportunity to visit with The Greenwood Group to discuss their proposal to replace the dead yews and relocate the daylilies.  He said the price the Greenwood Group is asking is covered in the Budget.  He then asked the Members of the Board to consider approval.  Alderperson Schiller asked if he could check the guarantee, which Alderperson Mixson said he would. 

Attorney's Report:

Patrick Butler said the City issued a Stop Work Order to Wes Byrne's project in the Westhampton Subdivision.  He said this is for the third of four houses and that it is actually built with an owner already moved in.  He said the plans submitted for the fourth house would not be granted until everything is remedied with the third house. 

He then gave an update on the sound wall issue by saying the Missouri Department of Transportation (MoDOT) is receiving political pressure.  He said there would hopefully be a meeting next week.  He also mentioned the possibility of funding to test rubberized asphalt in this climate.  He concluded by saying he attempted to get the affected homeowners together, however, they do not want to at this time.

REMARKS, PETITIONS AND COMPLAINTS 

Mayor Douglass explained that the issue tonight regarded deer control.  He gave instructions to those present wishing to speak on the deer issue to limit their speaking time to three (3) minutes.  He further stated that this is not a place to advertise that you are available to hunt and asked that if that was the intent when they filled out speaker cards, to please refrain from speaking.

 Identical to last month's meeting, there were almost thirty speakers.  There were news channels with their reporters and film crews along with several radio station reporters in attendance.  Of the thirty speakers, those opposed and those "for" the proposal were almost even.  Mayor Douglass asked that the speakers deal with safety concerns and throughout the meeting, a constant attempt was made to keep the topic to just that. 

Erin Shank with the Missouri Department of Conservation said the city's ordinance was by far, the most thorough ordinance on deer management she ever read.  She said not just St. Louis County ordinances or even those in the State of Missouri, but all other urban areas throughout the country whose ordinances she read.  She felt ours was the most comprehensive. 

Mrs. Cindy Munich, Trustee of the Manors of Clarkson Valley, a subdivision with 36 households spoke saying they held a meeting to discuss this issue.  Fourteen households were represented and of those fourteen, twelve were opposed to this hunt.  The Trustees then wrote letters to their residents and of the 36; 32 were opposed.  She further stated that a fine of $1,000 needed to be raised.  City Attorney, Patrick Butler, addressed that issue by saying that the Missouri Statutes allow a maximum penalty to fourth-class cities to $1,000 and that we could not increase the amount. 

Of those in favor, there were many statements giving "thanks" to the Members of the Board for considering this management program.  As in the past, mention was made of the invasive problem with regard to the deer eating the undergrowth, but this time, the ensuing erosion was mentioned. 

Of those against, it was made known there were concerns of safety.  Also mentioned were statements that insurance should be by bond only; lowering the speed limit would help eliminate deer/vehicle accidents; the cities of Ellisville and Town & Country do not allow hunting - neither should you; Lyme's disease is a non-issue (which was countered by a resident who has Lyme's disease); there are no lines to indicate where property begins and ends - what will prevent a hunter from straying onto other properties; and the hunting season is too long.

When all speaker cards were called, Mayor Douglass closed the remarks, petitions and complaints portion of the meeting.

Unfinished Business

BILL NO. 0291 - AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE II: PUBLIC HEALTH, SAFETY AND WELFARE, BY ADDING A NEW CHAPTER 206:  DEER CONTROL POLICY AND HUNTING REGULATIONS.

A motion was made by Alderperson Twichell to discuss and pass Bill No. 0291.  Alderperson Shea seconded the motion.  Mayor Douglass read Bill No. 0291 for the first time, stating that the word "knowingly" should have been removed from the Bill presented tonight and that Section 206.020(b) should not contain that word.  Mayor Douglass asked for further discussion.

Alderperson Twichell stated that she is against the ordinance.  She stated her grave concern with hunting on one acre.  Further stating if this were to pass, a bond in her opinion, is much better than insurance.

Mayor Douglass read Bill No. 0291 for the second time.  A roll call vote was taken, with the following results.  Ayes: Mixson, Schiller, Sharp and Shea.  Nays:  Twichell.  Whereupon Mayor Douglass declared Bill No. 0291 as having passed and is now Ordinance 04-20.

Mayor Douglass made three announcements regarding the newly passed ordinance.  He explained the city's ordinance, whereby signs are only allowed with a permit.  Permit applications are available at City Hall.  There are State Statutes that prohibit disturbing the peace.  And lastly, solicitation by hunters is prohibited. 

Mrs. Cindy Munich, Trustee of the Manors of Clarkson Valley, declared that her subdivision has an Indenture change disallowing hunting in the Manors of Clarkson Valley and handed it to the City Attorney. 

NEW BUSINESS

 Audit:  Alderperson Twichell made a motion, seconded by Alderperson Shea to have invoices in the amount of $77,032.25 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 Sharp.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  The meeting adjourned at 8:25 p.m.

 

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Scott Douglass, Mayor

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ATTEST: Michele McMahon, City Clerk


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