City of Clarkson Valley
Missouri

Minutes of September 7, 2004 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), September 7, 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

 

Alderperson Honora Schiller

Ward 2

 

Alderperson Wendell Sittser Ward 2    

Alderperson Melinda Twichell

Ward 3

 

Alderperson Walt Mixson  Ward 3 

Also in Attendance:

City Attorney: Patrick Butler
City Clerk: Michele McMahon 

A motion was made by Alderperson Sharp to accept the Minutes.  Alderperson Schiller seconded the motion.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

Mayor Douglass explained there would be a Public Hearing beginning at 8:00 p.m. and before Remarks, Petitions and Complaints would be heard from those present, the City will attempt to conduct its business beforehand.

REPORTS 

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

Mayor's Report:

Court Report:  The total amount collected for traffic fines and court costs for the month of August 2004 was $17,436.78.  Mayor Douglass reminded those present that the price of tickets increased and we would soon be seeing that result.  He concluded by saying that even though Ballwin Police make their presence known on Clarkson and Kehrs Mill Roads, people continue to speed.

Alderpersons’ Reports

Deer Committee Meeting:  Alderperson Shea informed those present that a committee meeting was held this past month and the language in the ordinance being proposed tonight stemmed from that meeting.  

City of Wildwood Planning and Zoning Hearing:  Alderperson Shea mentioned she and Mayor Douglass attended the Wildwood Planning and Zoning Hearing where they discussed AT&T's petition to extend the length of the existing cellular tower on Joe's Way by an additional ten (10) feet.  She explained that Wildwood's Planning Director, Joe Vujnich, advised the Commission Members and Wildwood's City Council to disapprove the additional height because it degraded the landscape of their neighbors, which means Clarkson Valley.

City Attorney’s Report 

Patrick Butler gave an update on the sound wall issue by saying the Federal Highway Administration instructed the Missouri Department of Transportation (MoDOT) to put the sound wall project on hold.

REMARKS, PETITIONS AND COMPLAINTS:

As there was no further city business to be conducted without first holding the public hearing, Mayor Douglass gave instructions to those present wishing to speak on the deer issue to limit their speaking time to three (3) minutes. 

There were almost thirty speakers.  Three news channels assigned reporters with film crews.  The first speaker was opposed to the proposed deer ordinance, however of the thirty speakers, those opposed and those "for" the proposal were almost even.  The constant theme for those opposed appeared to be one of safety.  Points mentioned:  Children put at risk; too high a liability; Kehrs Mill Trails too close to school (Linda Vista); pets' safety at risk.  Another theme was the inhumane killing of deer.  Those speaking as proponents mentioned depleted undergrowth in the forests and the problems stemming from same (no seeds for wild birds; small animal group like rabbits, squirrels and fox are diminishing; and silted lakes/retention ponds); increase in traffic accidents due to deer crossing road; and diseases of deer from over-population. 

Mayor Douglass announced the time as 8:00 p.m. and the Public Hearing would now take place. 

PUBLIC HEARING: 

City Clerk, Michele McMahon read the Notice of Public Hearing.  Mayor Douglass mentioned that at one time we had a top tax rate set at $.25 per $100 valuation for personal property.  He explained that approximately a dozen years ago by vote of the Board of Aldermen, we lowered that rate to $.10 with the understanding that if the need ever arose, we could push it back up to $.25.  We found out, however, that wasn't true.  The highest we have been able to increase this was two years ago when they allowed a ceiling of $.139.  The tax rates proposed tonight were computed by the State Auditor's Office using mathematical calculations that allow for the property tax rate to be maintained at the same level (with consumer price increases) as last year.  He further explained that last year, the State passed legislation that separated personal property into real estate, residential, commercial and personal property classifications.  The ceiling rate being proposed for 2004-2005 for residential real estate is $.134; for agricultural real estate it is $.142; for commercial real estate it is $.139; and for personal property it is $.153.  

New Definitions of Swimming Pools, Retaining Walls and Fireplaces:  City Clerk, Michele McMahon read the Notice of Public Hearing.  Mayor Douglass read the paragraph definitions of the three proposals and gave a brief explanation of why we are creating a definition.  The Public Hearing closed at 8:20 p.m. 

REMARKS, PETITIONS AND COMPLAINTS - Continued 

At this time the residents continued with remarks regarding the proposed deer ordinance.  Mrs. Laurie Engleman passed packaged arrow tips to the Aldermen and a copy of a petition requesting that the no-projectile ordinance never be revoked for any part of the City of Clarkson Valley.   

Mr. Gary Miller spoke saying he was in favor of the hunt but said the ordinance should stipulate that no arrow should be shot toward a house.   

Some residents were twixt and between on the issue and asked if the City could find another way of culling the deer population?   

Mayor Douglass concluded this portion of the meeting by stating this is not the first time this has been discussed.  He explained that a number of years ago, the trustees of Kehrs Mill Trails approached the City requesting the ability to hold a hunt.  Subsequently, in 2003-2004, the trustees asked the City again to do something to reduce the deer population.  He stated that we are trying to address the citizens' appeal as best we can.  He said we realize we may not make everyone happy and the Board may also chose not to do anything. 

Mrs. Pam Bogosian asked about the solicitation that is taking place at Clarkson and Clayton Roads and Mayor Douglass gave an update, stating that it is in the hands of Ellisville and St. Louis County. 

Mr. Frank Hodgdon asked about the status of the Discovery Group's petition to locate a medical office building on the southeast corner of the Fru-Con property.  Mayor Douglass explained that it is proceeding, albeit at a slow pace.  He said they just filed the plat with St. Louis County the latter part of last week and that we expect to see building plans within three or four months. 

Mayor Douglass closed the remarks, petitions and complaints portion of the meeting. 

UNFINISHED BUSINESS 

Deer Issue:  Alderperson Susan Shea made a motion to discuss and pass Bill No. 0291.  Alderperson Schiller seconded the motion.  Mayor Douglass read Bill No. 0291 for the first time.  Alderperson Shea explained that last year the trustees petitioned the City to consider holding a hunt.  At the same time, the Missouri Department of Conservation (MoDOC) was forming a taskforce and Mayor Douglass asked her to serve on that committee.  She said that is when she realized that this is not just a Clarkson Valley issue.  From that taskforce she learned the extent of the problem after they completed a deer count.  The desired number of deer per square mile is twenty (20) and they counted eighty-nine (89) actual deer from that survey.  Other cities have addressed this issue of deer management:  Duluth, MN; Minneapolis, MN; Greenwich, CT; Hilton Head, SC; Waterloo, IA; Stevens Point, WI; Cedar Falls, IA; Greenbay, WI, Iowa City, IA -- All of these locations share a similar problem with Clarkson Valley.  A huge population of deer with no natural predators to maintain the balance of nature.  The deer exhaust the forests, damage gardens and landscaping, cause automobile accidents and lead to incidents of Lyme's disease.  These cities, as well, have considered various methods of controlling deer population control, such as sharp shooting, live trapping, euthanasia and reproductive controls.  She stressed that bowhunting is considered the best method.  Other St. Louis communities, such as Chesterfield, Wildwood and Eureka are attempting to control the deer population with hunting.  Kansas City, she said, this year passed an ordinance allowing hunting within city limits.  Alderperson Shea turned to the Board Members and said she knows this is a really tough decision, but we must take the first step in developing a deer management program to protect the environment and residents of Clarkson Valley and to maintain the property values within the City and this could also result in a much healthier deer herd.   

Mayor Douglass read the ordinance in its entirety aloud.  Upon completion, Mayor Douglass asked if anyone wanted further discussion.   

Alderperson Twichell went on record to say she opposed the ordinance being proposed tonight for all the reasons those in attendance stated.  Plus, she said she does not think it is prudent.   

Alderperson Sittser stated that he believes there should be more time to gather additional information.  Alderperson Schiller stated her agreement.  She said she does feel the hunts are necessary and that bowhunting is the safest way of doing this, however, she does have questions.  Alderperson Sharp expressed that listening to tonight's speakers was very informative.  It was also very emotional.  And he reiterated a previous comment, "there is no right answer".  He said that he too, like Alderperson Schiller, is all for a hunt.  But he would like to have time to consider what was rewritten tonight.  He would like to have time to make sure that we have addressed everything we heard. 

Mayor Douglass commended the Board Members and reminded those present that the primary goal has always been that of safety.  Alderperson Schiller withdrew her second for the motion on the floor.  The motion then died for lack of a second.  Alderperson Shea then made a motion that this issue be added to the October Agenda.  Alderperson Sharp seconded the motion.  A voice vote was taken with a unanimous, affirmative result and the motion passed.  

At 9:20 p.m. Mayor Douglass called for a ten-minute break.

UNFINISHED BUSINESS - Continued 

BILL NO. 0292 - AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE IV: LAND USE REGULATIONS, CHAPTER 405: ZONING REGULATIONS, ARTICLE I. GENERAL PROVISIONS, BY ADDING A NEW DEFINITION OF "SWIMMING POOL" IN CHAPTER 405.040: DEFINITIONS.   

A motion was made by Alderperson Twichell to discuss and pass Bill No. 0292.  Alderperson Sharp seconded the motion.  Mayor Douglass read Bill No. 0292 for the first time.  Alderperson Schiller asked why the ordinance included "personal bathing".  After discussion, it was decided that would be removed.  Mayor Douglass read Bill No. 0292 for the second time.  A roll call vote was taken, with the following results.  Ayes: Mixson, Schiller, Sharp, Shea, Sittser and Twichell.  Whereupon Mayor Douglass declared Bill No. 0292 as having passed and is now Ordinance 04-16. 

BILL NO. 0293 - AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE V: BUILDING AND CONSTRUCTION, ARTICLE I: BUILDING CODE, SECTION 500.020: AMENDMENTS BY ADDING A NEW PARAGRAPH 515.1.1 CONCERNING FIREPLACES AND FLUES.   

A motion was made by Alderperson Sharp to discuss and pass Bill No. 0293.  Alderperson Sittser seconded the motion.  City Attorney, Patrick Butler, read Bill No. 0293 for the first time.  Alderperson Schiller asked about bump outs and if we are dealing with that in this ordinance.  Mayor Douglass read the portion stating that it must conform to certain architectural standards.  Also, the Architectural Review Board must review this before it can be installed.  Alderperson Sharp reminded everyone of a previous Board discussion regarding bump outs and at that time it was noted they are no worse than air conditioning units or the gas or electric meters.  It was decided to amend the second paragraph to add "Architectural Review" to conform to the first paragraph.  Mayor Douglass read Bill No. 0293 for the second time.  A roll call vote was taken, with the following results.  Ayes: Mixson, Schiller, Sharp, Shea, Sittser and Twichell.  Whereupon Mayor Douglass declared Bill No. 0293 as having passed and is now Ordinance 04-17. 

NEW BUSINESS 

BILL NO. 0294 - AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE IV: LAND USE REGULATIONS, CHAPTER 405: ZONING REGULATIONS, ARTICLE I. GENERAL PROVISIONS, BY ADDING A NEW DEFINITION OF "RETAINING WALL" IN CHAPTER 405.040: DEFINITIONS.   

A motion was made by Alderperson Shea to discuss and pass Bill No. 0294.  Alderperson Sharp seconded the motion.  City Attorney, Patrick Butler, read Bill No. 0294 for the first time.  Mayor Douglass read Bill No. 0294 for the second time.  A roll call vote was taken, with the following results.  Ayes: Mixson, Schiller, Sharp, Shea, Sittser and Twichell.  Whereupon Mayor Douglass declared Bill No. 0294 as having passed and is now Ordinance 04-18. 

BILL NO. 0295 - AN ORDINANCE LEVYING AND ESTABLISHING THE ANNUAL RATE OF TAXES ON ALL RESIDENTIAL REAL ESTATE, AGRICULTURAL REAL ESTATE, COMMERCIAL REAL ESTATE AND PERSONAL PROPERTY IN THE CITY OF CLARKSON VALLEY TO BE COLLECTED AND USED FOR MUNICIPAL PURPOSES IN THE CITY OF CLARKSON VALLEY, MISSOURI, FOR THE YEAR JULY 1, 2004 THROUGH JUNE 30, 2005. 

A motion was made by Alderperson Twichell to discuss and pass Bill No. 0295.  Alderperson Shea seconded the motion.  Mayor Scott Douglass read Bill No. 0295 for the first time.  There was no discussion.  Mayor Douglass read Bill No. 0295 for the second time.  A roll call vote was taken, with the following results.  Ayes: Mixson, Schiller, Sharp, Shea, Sittser and Twichell.  Whereupon Mayor Douglass declared Bill No. 0294 as having passed and is now Ordinance 04-19. 

Audit:  Alderperson Twichell made a motion, seconded by Alderperson Shea to have invoices in the amount of $82,186.43 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 adjourn, seconded by Alderperson Twichell.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  The meeting adjourned at 10:05 p.m. 

  
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Scott Douglass, Mayor

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ATTEST: Michele McMahon, City Clerk



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