Minutes of January 3, 2006 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), January 3, 2006.
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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

 

 

Ward 2

Alderperson Honora Schiller 

Alderperson Wendell Sittser Ward 2     

Alderperson Walt Mixson

Ward 3

Alderperson Scott Schultz Ward 3

Also in Attendance:

City Attorney: Patrick Butler
City Clerk: Michele McMahon 

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

REMARKS, PETITIONS, COMPLAINTS

Mr. Paul Mercurio, 2108 Kehrs Mill Road of the Kehrswood Subdivision, attended this meeting because he wanted insight as to the intent of the ordinances passed last year on motorized vehicles.  He explained that four weeks ago, his son was plowing snow on driveways of several residents of Kehrswood and a law enforcement officer stopped him.  He was informed that it was unlawful to operate an unlicensed motorized vehicle on streets or sidewalks in Clarkson Valley and sent him home.  His son has a small ATV with a snow blade and when Mr. Mercurio spoke with the officer, he realized his son was, in fact, in violation of the ordinance.  In addition to customers in Kehrswood, Mr. Mercurio explained his son has customers in Kehrs Mill Trails, which requires driving on the sidewalk and road when plowing for them.  He requested the Board revisit the ordinance and make an exception in order for his sixteen year-old son and others to perform this type of service.  Mr. Mercurio said the way the ordinance is written, driving a lawn mower on the sidewalk or road would also be illegal.  He said he drafted a paragraph, which he read, and asked the Board to consider amending the existing ordinance.   

Mayor Douglass thanked Mr. Mercurio. 

REPORTS

Ballwin Police Report: Captain Schicker handed out the Police Summary for December 2006.  He reported four accidents occurred last month; one with injuries.  One happened December 13th at midnight, and involved a police vehicle and a deer - causing $2,300 damage to the police car.  The deer is being sought for questioning. 

Captain Schicker mentioned the incident of seventeen tires being slashed at a Christmas party for employees of Meadowbrook Country Club that was held at Forest Hills Country Club.  They have no leads at this point and the matter is under investigation. 

Mayor’s Report    

Court Report:  The total amount collected for traffic fines and court costs for the month of December 2005 was $12,786.79. 

Newsletter:  Mayor Douglass reported that the newsletter would go out this week after a few changes are made.   

Audit's Completion:  Mayor Douglass explained that the audit was completed and a copy of the final report is in the Alderpersons’ packets.  There would be further discussion about the Management Report at next month’s meeting.   

Building in Progress – Northeast Corner of Clarkson Road and Clayton Road:  Mayor Douglass stated that construction is proceeding on the northeast corner of Clarkson and Clayton Roads with no ordinance having been passed by the City of Ellisville.  The landscaping, including a berm, will be built as shown on the schematics approved by the Landscape Committee.  The biggest concern is the fence.  It was determined the fence is almost completely on the Ellisville side of the property.  The ordinance calls for replacing the original fence with a 6’ solid fence.  The problem, Mayor Douglass stated, is we do not know how far this fence will go onto our residents' property.  The attorney for the developer said he would have the area staked.  Adverse possession was mentioned – which says if these residents have maintained that property for so many years, then they can claim that property.  He also mentioned that he called MSD to ensure permits were being pulled, and they cannot find the application.  Eventually the permit was located and discussion took place to guarantee the system is adequate.  Ellisville is holding another work session this week. 

Sound Walls:  Mayor Douglass stated there is nothing new regarding the sound walls.  We are still talking to MoDOT.  They are supposed to get back with us with information about rubberized or quiet pavement.  It appears they will have information later this month - perhaps January 20.  He described receipt of a very nice letter written by Jim Kohoutek to MoDOT that he expects could only help our situation. 

Discussion took place when Alderperson Mixson stated his opinion that the lawsuit regarded two separate issues.  Mayor Douglass disagreed by saying that our position has always been: "We’ll stop the lawsuit if they resurface using quiet pavement".   

City Attorney Report 

Patrick Butler reported that he received three banker boxes of requested documents from MoDOT.  By next week he expects to receive motions and summary judgments.    

Alderpersons’ Reports: 

Trash at Curb:  Alderperson Schultz mentioned that he would like the next newsletter to be more emphatic that people do not need to place their trash at the curb. 

Lawsuit Pending:  Alderperson Mixson expressed his disappointment in what transpired minutes ago regarding the soundwall discussion.  He stated it was his understanding that we were going to discuss with Ed Hassinger of MoDOT, about resurfacing with quiet pavement using money from the County.  This, he said, is a separate item – totally divorced from anything else that is going on.  His fear, he said, is he does not think it will work if you try to hinge something onto this.  Furthermore, it may delay things to the point that soundwalls will be in place per the directive of the Federal Highway Department and we will never know if quite pavement would work.  A voice vote was taken; with the majority stating that in previous meetings it was determined we would proceed in this direction.  Alderperson Sittser stated that the City should concentrate on the meeting of January 20. 

Garage Sale/Police Action:  Alderperson Meyer said that at last month’s meeting, he mentioned an incident whereby a garage sale was repeatedly being held by one resident in his ward with cars being parked on both sides of the street and signage left for weeks at a time.  He said he phoned the police and did not realize they were responsive to the incident.  He apologized and thanked Captain Schicker for the great work his department does.   

Ability to Plow Neighbors Driveways and Sidewalks:  As Mr. Mercurio is a constituent of Ward 1 for which Alderperson Meyer serves, Meyer asked if the Board would consider allowing certain types of vehicles and still prohibit others.  Patrick Butler, City Attorney, stated that Alderperson Meyer could make a motion for a moratorium on the prosecution of the violation.  Mr. Butler said the City does not want to specify an ordinance to one person.  He would also like to hear what the police think about this.  Captain Schicker said ATV’s are unable to be licensed because they do not have proper vehicle equipment – even the high-end ATV’s.

UNFINISHED BUSINESS

Planning and Zoning Commissioner:  Alderperson Shea said she would like the Board to consider a new member to the Planning and Zoning Commission.  He is a retired gentleman residing in her subdivision and she said he should make an excellent addition to that board.  She said she would obtain a resume for next month’s meeting. 

NEW BUSINESS

In Search of a Policy:  Mayor Douglass relayed a story that happened Christmas morning.  He said that while police were performing a routine patrol of the city, they found the streets to be unsafe due to an accumulation of snow.  They began phoning the Presidents of Trustees of the subdivisions in Clarkson Valley.  As it was 3:00 a.m. Christmas morning, some were extremely upset.  Mayor Douglass said there is an obvious need to clarify the procedure.  He explained that a letter was being generated to all Presidents of Subdivision Trustees and we will document their responses and share that with the Board for next month’s meeting. 

Captain Schicker reported that Captain Saulters is in charge of communication and she has written an internal memo that dispatchers will not make notification to subdivision Presidents of Trustee unless it is determined by the supervisor that streets are hazardous.  If the police department receives a call from a citizen of a subdivision, they will recommend that citizen notify their Trustee.

Audit:  Alderperson Shea made a motion, seconded by Alderperson Schultz to have invoices in the amount of $82,637.57 approved for payment.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.   

RESOLUTION 06-01 – A RESOLUTION IMPLEMENTING A MORATORIUM ON THE PROSECUTION OF CERTAIN VIOLATIONS OF SECTION 310.040 CONCERNING THE USE OF COASTER, ROLLER SKATES, MOTORIZED PLAY VEHICLES, MOTORIZED SKATEBOARDS AND SIMILAR DEVICES RESTRICTED. 

Alderperson Meyer made a motion to pass Resolution 06-01.  Alderperson Sittser seconded the motion.  There was no discussion.  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 Meyer.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  The meeting adjourned at 8:10 p.m.

  
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Scott Douglass, Mayor

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ATTEST: Michele McMahon, City Clerk

 
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