Minutes of July 2005 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 5, 2005.
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The meeting was called to order at 7:30 p.m. A roll call was taken with the following results:

Also in Attendance:

City Attorney: Patrick Butler
City Clerk: Michele McMahon 

A motion was made by Alderperson Twichell to accept the Minutes as mailed.  Alderperson Sittser seconded the motion.  After a short discussion, a voice vote was taken with an affirmative result and the motion was declared passed.  

REMARKS, PETITIONS, COMPLAINTS

Mayor Douglass announced that a Public Hearing would take place at 8:00 p.m.  

Dr. Larry Bond, representing Ellisville United Methodist Church, stated his Church is purchasing a 20’ x 30’ tent and they would like to install it toward the rear of their 40-acre lot to hold the Vacation Bible School (VBS) this summer.  He said he spoke with Metro West Fire Protection personnel and they had no problems with the tent.  Mayor Douglass explained there is a Special Exhibit Application form and Dr. Bond said he would be happy to fill that out and submit it before the VBS takes place.  It was also stated that the farthest-most resident of Fox Chapel be informed of this event.

REPORTS

Ballwin Police Report: Captain Schicker handed out the Police Summary for June 2005.  He gave the breakdown of accidents and reports.  He spoke of an accident that occurred at Marquette High School where the emergency entrance construction is taking place.  While workers were bringing in a rather large concrete culvert, the truck brushed a utility pole, which brought down a power line.  AmerenUE was at the scene very quickly and police had to close Kehrs Mill Road for a short period of time.   

He concluded by stating that police incidents were up 80% over this same period of time last year.

Mayor's Report:

RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY DECLARING A VACANCY IN THE POSITION OF BOARD OF ALDERMEN IN THE THIRD WARD WITHIN THE CITY OF CLARKSON VALLEY. 

A motion was made by Alderperson Schiller to discuss and pass Resolution 05-03.  Alderperson Shea seconded the motion.  Mayor Douglass read Resolution 05-03 the first time, stating that it was with happiness for the Twichell’s but great sadness for the City we are losing one of our outstanding citizen volunteers as she was moving out of state.  She has been a voice for the city for the last ten years.   

He then read a Proclamation (attached) and presented a plaque honoring Mrs. Twichell.  There was a round of applause from all present.

Court Report:  The total amount collected for traffic fines and court costs for the month of June 2005 was $14,142.50.  

Ticket Numbers:  Mayor Douglass reported that last month he stated he and Ballwin representatives were looking into the matter of numbers of tickets issued this year versus last year.  The statistics were in and for the month of June this year, 188 tickets were issued versus 196 last year – same month.  For May of this year, 160 tickets were issued versus 170 last year – same month.  

Building Commissioner:  Mayor Douglass stated that a small company is interested in the position of building inspector/plan reviewer.  If they put together a proposal, it will be mailed to the Alderpersons for their review. 

Ellisville Public Meeting Notice:  Mayor Douglass briefed those present that we received notice from Ellisville about a Public Hearing they will be having the third full week in July.  There were two postcards mailed, both showing different dates.  The City Clerk was instructed to call Ellisville to find the correct one. 

County Ordinances Passed:  Mayor Douglass reported that St. Louis County Council Members passed two ordinances that impact us.  One of which will be discussed tonight regarding adopting the Mechanical and Plumbing International 2003 codes, putting us inline with St. Louis County Public Works who do these inspections for us.  The other regards the signage at Kehrs Mill Road at the high school.  Because word was just received today from St. Louis County that this passed, we have to wait until next month to pass the same ordinance.  

Kehrs Mill Road – Shabby Appearance:  Mayor Douglass stated he would speak again with Mr. Palmer regarding spraying the weeds growing in the rip-rap along Kehrs Mill Road and about the weeds growing at Marquette High School.

Alderpersons’ Reports: 

Berm Maintenance:  (This item was moved from the Agenda from Old Business to Alderpersons’ Reports.)  Alderperson Mixson explained that from our last meeting, he contacted the Greenwood Group telling them the contract was accepted and gave them the go-ahead to precede work on the berm.  They told him because of the time between delivery of the contract, which was February, and this date in June – they were no longer honoring the prices quoted.  Being back to ground zero, Alderperson Mixson contacted several landscape companies for estimates.  Dowco appeared to have not only the best price, but also a good reputation.  Alderperson Mixson made a motion to accept Dowco’s proposal of: Initial bed cleanup with four follow-up treatments, monthly litter pick-up (during the season), plus a one-time occurrence of mulch cultivation.  Their quote of $1,111 (less 6% if paid in full) beat the Greenwood Group’s price of $1,250.  Alderperson Sittser seconded the motion.  Alderperson Twichell said she did not have a problem with this but the berm plantings are high maintenance.  A voice vote was then taken with a unanimous, affirmative vote and the motion was declared passed. 

"Welcome" Signs:  Alderperson Sittser handed out the two pictures of the Welcome Signs as they currently exist, detailing the poor material used, i.e. letter and logo in vinyl on a plastic 4’ x 6’ board.  Eliminating one of the three types of signs he discussed last month; he spoke of the two types that Board Members were in favor last month and showed samples of the material.  He also gave prices:  Sandblasted: $10,000 for four, double-sided signs.  Polycarbonate:  Between $8,800 to $8,500.  He then showed examples of a third style of signage that he said was just developed – a monument-type sign that everyone liked.  It is made of polycarbonate–cast and appears to have a great durability factor but he does not have a good sense of cost at this time.  He recommended that whatever the Board chooses, the signs should be smaller than the existing signs.  He then asked what was the pleasure of the Board?  Everyone asked for a price for the monument style signage.  As there were many styles of this type of signage, he is sending copies for the Aldermen to choose their favorite design.   

PUBLIC HEARING 

Special Use Permit:  Mayor Scott Douglass read the Notice of Public Hearing printed June 14, 2005 and read the first Agenda Item from the June 30, 2005 Planning and Zoning Hearing:  To consider First Church of Christ Scientist’s request for a Special Use Permit to allow new signage in excess of the two (2) square feet permitted in the Municipal Code of the City of Clarkson Valley and to make a recommendation to the Board of Aldermen.  He then read a synopsis of the outcome of the meeting, to which the Planning and Zoning Chairman, Frank Hodgdon, agreed.  The existing sign, which is 11-1/2’ x 4’ has been there since 1976.  The new sign, Exhibit B(3) is requested to be 12’ x 5’3”.  The sign will be 26’ from the curb (19’ from curb to property line plus 7’ from property line going back).  The purpose to move it closer to Clarkson Road: While driving on Clarkson Road at 45 mph, you have 3 seconds to read the sign where it currently rests; by moving it out, you will gain 2 additional seconds of view time.  Vote for recommending to Board of Alderman permanent placement and size of sign 5’3” x 12’: Unanimous affirmative recommendation.  Mayor Douglass asked if the petitioner’s were aware that a Hearing Before the Board of Adjustment was necessary to complete this petition, to which they responded they were not.  After brief discussion, it was understood that because the property is zoned “A” and because the proposal goes beyond the 75’ building line, a variance was required.  Discussion also took place regarding other signage within the City relating to size and lighting. 

Request For Change of Indentures – The Manors of Clarkson Valley:  Mayor Douglass read the Notice of Public Hearing printed June 14, 2005 and read the second Agenda Item from the June 30, 2005 Planning and Zoning Hearing:  To consider proposed changes to the Indenture of Restrictions for The Manors of Clarkson Valley and to make a recommendation to the Board of Aldermen per RSMO 89.410.3, 89.360 and the Municipal Code of the City of Clarkson Valley 410.030(4)(i).  He then read a synopsis of the outcome of the meeting.  No one was present to represent the subdivision.  After discussion, the Planning and Zoning Commission voted (3 yeas, 2 nays) to recommend to the Board of Aldermen that they approve the change of Indentures after showing proof that their Indenture Restrictions were followed (requiring a two-thirds majority of the lots).  The two nay votes made the following statements while voting:  “Based on non-conformance to procedure, I do not wish to reward them with a Yes votes.”  “I don’t have a problem other than the way they ignored our request.”  Also noted in the synopsis:  As a follow-up to this meeting, the President of Trustees of the Manors brought documents into City Hall Friday, July 1.  Of the 36 lots; 4 were not returned; 30 approved; 2 disapproved.  (A 2/3 majority indicates 24 approvals were necessary.) City Hall maintained a copy for its record. 

The Public Hearing closed at 8:20 p.m. 

Alderpersons' Reports - Continued 

Adieu, Adieu:  Alderperson Twichell stated that it was a great ten-year run and she would miss all. 

West St. Louis County Deer Task Force:  Alderperson Shea reported that she would be attending the meeting the next day.

City Attorney’s Report 

Patrick Butler reported the City will be attending a Hearing in the Federal Court July 28 to discuss the finer points of whether we will continue the lawsuit.

UNFINISHED BUSINESS

BILL NO. 0309 – AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF CLARKSON VALLEY, MISSOURI FOR THE FISCAL YEAR BEGINNING JULY 1, 2005 AND APPROPRIATING FUNDS PURSUANT THERETO.

A motion was made by Alderperson Shea to discuss and pass Bill No. 0309.  Alderperson Sittser seconded the motion.  Mayor Scott Douglass read Bill No. 0309 the first time.  Alderperson Twichell asked if subdivisions within Clarkson Valley were notified they were not receiving snow removal reimbursement monies next year, to which Mayor Douglass said they were.  Discussion then pursued regarding which entity would provide berm maintenance next year; the outcome of which was Forest Hills Club Estates would be responsible.  Mayor Douglass read Bill No. 0309, approving the 2005-2006 Budget, the second time.  A voice vote was taken with the following result:  Yeas:  Meyer, Mixson, Schiller, Shea and Sittser.  Nays:  Twichell.  Mayor Douglass declared Bill No. 0309 passed and it became Ordinance No. 05-07. 

NEW BUSINESS

Change of Indenture of Restrictions – The Manors of Clarkson Valley:  Alderperson Twichell made a motion to accept the Planning and Zoning Commission’s recommendation to approve the Indenture of Restrictions, allowing the paragraph that reads:  Article VI, section (22) “No hunting of wildlife through the use of firearms, bow and arrow or any other means, shall be permitted on any lot or common grounds within the Manors of Clarkson Valley.”  After discussion, a voice vote was taken with the following result:  Yeas:  Mixson, Schiller Sittser and Twichell.  Nays:  Meyer and Shea.  Mayor Douglass declared the motion for a change to the indentures as passed. 

BILL NO. 0310 – AN ORDINANCE ADOPTING AND ENACTING THE MECHANICAL AND PLUMBING CODES OF ST. LOUIS COUNTY AS AMENDED AS THE MECHANICAL AND PLUMBING CODES OF THE CITY OF CLARKSON VALLEY, MISSOURI. 

A motion was made by Alderperson Twichell to discuss and pass Bill No. 0310.  Alderperson Shea seconded the motion.  Mayor Scott Douglass read Bill No. 0310 the first time.  There was no discussion.  Mayor Douglass read Bill No. 0310 the second time.  A voice vote was taken with the following result:  Yeas:  Meyer, Mixson, Schiller, Shea, Sittser and Twichell.  There were no nays.  Mayor Douglass declared Bill No. 0310 as passed and it became Ordinance No. 05-08.   

BILL NO. 0311 – AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FIRST CHURCH OF CHRIST SCIENTIST AUTHORIZING THE LOCATION AND CONSTRUCTION OF A SIGN AT 2989 CLARKSON ROAD IN THE CITY OF CLARKSON VALLEY, MISSOURI. 

A motion was made by Alderperson Twichell to discuss and pass Bill No. 0311.  Alderperson Shea seconded the motion.  Mayor Scott Douglass read Bill No. 0311 the first time.  City Attorney, Patrick Butler explained this is a pre-existing, non-conforming request and must go to the Board of Adjustment.  Discussion ensued regarding requirements incumbent upon the First Church of Christ regarding submittals and waiving the $300 fee, to which precedence has already been set.  Mayor Douglass read Bill No. 0311 the second time.  A voice vote was taken with the following result:  Yeas:  Meyer, Mixson, Schiller, Shea, Sittser and Twichell.  Mayor Douglass declared Bill No. 0311 for a Special Use Permit as passed and is now Ordinance 05-09, and reminded the Petitioner it must also be approved by the Board of Adjustment.  

Audit:  Alderperson Shea made a motion, seconded by Alderperson Twichell to have invoices in the amount of $73,567.72 approved for payment.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

Alderperson Sittser made a motion for the Board of Aldermen of Clarkson Valley 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 8:50 p.m.

  
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Scott Douglass, Mayor

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ATTEST: Michele McMahon, City Clerk