Minutes of March 7, 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), March 7, 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:

Also in Attendance:

City Clerk: Michele McMahon 

Absent:

City Attorney: Patrick Butler

Before a motion was made to accept the Minutes, Alderperson Schultz asked the reason for the discussion at last month's meeting on the spraying of arborvitae on the berm and evergreens to the north of the berm on Clarkson Road?  The City Clerk said the reason for last month’s discussion was prompted by a phone call from the arborist asking the Chairman of the Beautification Committee, Alderperson Mixson, if we would like to have the berm sprayed for insects as was done in previous years. 

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

REMARKS, PETITIONS, COMPLAINTS

Mrs. Francis Babb, who lives in the Kehrs Mills Estates West Subdivision, spoke regarding a Board of Adjustment meeting held in Wildwood that Alderperson Meyer, Shirley McKinney and she attended.  The hearing regarded a request for a variance to locate a cellular tower.  She explained that last year, the same cellular company approached Wildwood with a request to increase the height of the existing tower, which was turned down.  Mayor Douglass said he has been discussing this with Wildwood personnel and that we hope to influence their decision. 

REPORTS

Ballwin Police Report: Captain Schicker handed out the Police Summary for February 2006.  He reported that he there were three accidents last month, one with injuries.  The driver who received injuries was eventually arrested for driving while intoxicated.   

Mayor’s Report    

Mayor Douglass exclaimed that it was a busy month and reported the following: 

Court Report:  The total amount collected for traffic fines and court costs for the month of February 2006 was $14,707.00.   

Sound Wall Update - Letter to MoDOT:  Mayor Douglass mentioned the letter to MoDOT written by Jim Kohoutek, a resident of Clarkson Valley.  He said the letter spoke about the need for a safety wall for those residents along Clarkson Road that would go higher than the concrete barrier, which is approximately thirty inches high. 

Bidding the Sanitation Contract:  Mayor Douglass directed everyone’s attention to the request for bid letters that would go in the next day’s mail, pending Aldermanic approval.  Further discussion would take place at the appropriate time in the meeting, he said. 

Trustee Meeting:  Mayor Douglass stated that a meeting of the trustees of subdivisions in Clarkson Valley would be held Tuesday, March 21.  He invited all Alderpersons to attend. 

Alderpersons’ Reports: 

Cellular Tower on Joe's Way:  Alderperson Meyer mentioned Mrs. Babb’s passionate plea and stated his belief that Wildwood’s Board of Adjustment will move forward with or without the City’s support.  He said that twelve trees would be removed in order to locate the tower.  The tower is being proposed to look like an evergreen tree.  He mentioned the residents of the twenty-to-twenty-five houses in Clarkson Valley that would be affected by this who would be looking at a tower built to look "stealth", like an evergreen tree.  He said this would not look good in a deciduous hardwood area.  Wildwood's next Board of Adjustment Hearing will be held March 16 at 7:00 p.m.

UNFINISHED BUSINESS

BILL NO. 0323 - AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE III: TRAFFIC CODE, CHAPTER 340: MISCELLANEOUS DRIVING RULES, BY AMENDING SECTION 340.120: ALL TERRAIN VEHICLES, PROHIBITED-EXCEPTIONS, OPERATION OF UNDER AN EXCEPTION-PROHIBITED USES-PENALTY. 

Alderperson Schiller made a motion to discuss and pass Bill No. 0323.  Alderperson Meyer seconded the motion.  Mayor Douglass read the Bill for the first time and reminded those present that this was discussed at last month’s meeting and voting was delayed until this month due to several amendments to the Bill.  There was no discussion.  Mayor Douglass read Bill No. 0323 the second time.  A roll call vote was taken for passing Bill No. 0323 with the following results: Yeas:  Meyer, Mixson, Schiller, Schultz, Shea and Sittser.  There were no nays.  Whereupon Mayor Douglass declared Bill No. 0323 as having passed and is now Ordinance No. 06-02. 

Mini-Motor Scooters/Mini-Motorcycles:  Mayor Douglass explained that this issue was previously discussed and after four months of discussion, was voted upon in June 2005.  The subject is being raised again due to a request from a resident of the Kehrswood Subdivision, Mrs. Linda Schaper.  This resident feels that the motorized mini-motorcycles she bought for her children are not only safe, but that she and her friends enjoy them as well.  At last month’s meeting, she asked the Board to consider amending the Code to allow certain motorized toys that do not exceed fifteen miles per hour.   

BILL NO. 0320 – AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE III: TRAFFIC CODE, CHAPTER 300: GENERAL PROVISIONS, SECTION 300.020: DEFINITIONS BY DELETING MOTORIZED PLAY VEHICLE AND ADDING NEW DEFINITIONS FOR MINI-MOTORCYCLE AND MOTORIZED PLAY VEHICLE. 

Alderperson Schultz made a motion to discuss and pass Bill No. 0320.  Alderperson Sittser seconded the motion.  Mayor Douglass read Bill No. 0320 the first time.  The Sears ad for the mini-motorcycle purchased by the Schaper's was mentioned, which reads: “Not to be driven on streets.”  Alderperson Meyer stated that we reside in a semi-rural area and if people choose to have this toy for their child, that is their business.  Alderperson Sittser stated that he recalled some of the parents in the Dunhill Subdivision registering their disapproval when this was originally discussed last year.  He mentioned the height issue whereby cars cannot see these miniature motorcycles because the line of sight cannot take in the height.  Alderperson Schultz stated that he has a problem with us having a different ordinance than the State Statutes.  Mayor Douglass read Bill No. 0320 for the second time.  A roll call vote was taken for passage of Bill No. 0320 with the following results: Yeas:  Meyer, Mixson, Schultz, Shea and Sittser.  Nays:  Schiller.  Whereupon Mayor Douglass declared Bill No. 0320 as having passed and is now Ordinance No. 06-03. 

BILL NO. 0321 – AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE III: TRAFFIC CODE, CHAPTER 310: ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS, BY DELETING SECTION 310.040: USE OF COASTERS, ROLLER SKATES, MOTORIZED PLAY VEHICLES, MOTORIZED SKATEBOARDS AND SIMILAR DEVICES RESTRICTED AND ADDING A NEW SECTION 310.040: USE OF COASTERS, ROLLER SKATES, MINI-MOTORCYCLES, MOTORIZED PLAY VEHICLES, MOTORIZED SKATEBOARDS AND SIMILAR DEVICES RESTRICTED. 

Alderperson Schultz made a motion to discuss and pass Bill No. 0321.  Alderperson Sittser seconded the motion.  Mayor Douglass read Bill No. 0321 the first time.  Mayor Douglass explained the City has had Paragraph A and Paragraph B on its books for a long time, but Bill No. 0321 includes a new Paragraph C.  After discussion, much of which centered on the speed of these motorized toys, Alderperson Sittser made a motion to delay a vote for another thirty days.  Alderperson Schultz seconded the motion.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

Alderperson Schultz requested that a chart listing motorized play vehicles, motorized mini-motorcycles, etc. be compiled showing what is allowed and what is not.  Alderperson Sittser requested that a definition from the Clarkson Valley Code of "public" versus "private" streets be sent to the Board Members plus copies of the state definitions of public streets.  It was determined we would retain the definition for mini-motorcycle and motorized play vehicle just passed and is now Ordinance No. 06-02 - at least until next month.   

NEW BUSINESS

BILL NO. 0322 - AN ORDINANCE ADOPTING AND ENACTING THE ELECTRICAL CODE OF ST. LOUIS COUNTY AS AMENDED AS THE ELECTRICAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI. 

Alderperson Susan Shea made a motion to discuss and pass Bill No. 0322.  Alderperson Sittser seconded the motion.  Mayor Douglass read Bill No. 0322 the first time.  He said that because the County is going from BOCA to the International Code, we have to pass this in order for them to do our electrical plan review and make inspections.  There was no discussion.  Mayor Douglass read Bill No. 0322 the second time.  A roll call vote was taken for passing Bill No. 0322 with the following results: Yeas:  Meyer, Mixson, Schiller, Schultz, Shea and Sittser.  There were no nays.  Whereupon Mayor Douglass declared Bill No. 0322 as having passed and is now Ordinance No. 06-04. 

Bidding Contract for Rendition of Solid Waste:  The Alderpersons reviewed the preliminary letter of request for bids.  It was suggested that curbside pickup, both once weekly and twice weekly, be removed and that mention be made we will consider alternative pickup schedules offered. 

A RESOLUTION REQUESTING CONGRESS TO ADOPT S520 AND HR1070 AND IN SO DOING, PROTECT THE ABILITY OF OUR CITY TO DISPLAY THE TEN COMMANDMENTS IN PUBLIC BUILDINGS AND PLACES IN OUR CITY. 

Alderperson Schultz made a motion to pass the Resolution.  Alderperson Sittser seconded the motion.  Mayor Douglass read the Resolution.  A voice vote was taken with four ayes and two nays.  The motion was declared passed and it became Resolution 06-03. 

Audit:  Alderperson Mixson made a motion, seconded by Alderperson Sittser to have invoices in the amount of $85,329.48 approved for payment.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.   

Alderperson Mixson made a motion for the Board of Aldermen of Clarkson Valley to adjourn, seconded by Alderperson Schultz.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  The meeting adjourned at 9:00 p.m.

  
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Scott Douglass, Mayor

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ATTEST: Michele McMahon, City Clerk

 
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