City of Clarkson Valley Missouri

Minutes of May 2008 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), May 6, 2008.
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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 

Alderpersons Shea, Sittser and Young were sworn in and congratulated.  Everyone thanked them for volunteering to serve another two-year term. 

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

REMARKS, PETITIONS AND COMPLAINTS 

Rhonda Pitt, Trustee of Clarkson Farm Subdivision, spoke about the continual noise that is coming from the Fountain Plaza worksite.  Mary Swearingen, a resident of that subdivision, said the continual beep, beep, beep has only recently subsided, but the workers continue to work before and/or after the time allowed by Ellisville’s code.  Mrs. Swearingen said that one night, lighting was directed into her house and when she went to investigate, she found they were laying pavement – well after 9:00 p.m.  They used to work Saturdays and Sundays, but the last two weeks that has curtailed, she said. Mayor Douglass said we would contact Ellisville’s City Administrator. 

REPORTS 

St. Louis County Police Report:  Officer Thom Taylor of the St. Louis County Police handed out the April Police Report.   

Mayor’s Report 

Court Report:  The total amount collected for traffic fines and court costs for the month of April 2008 was $19,841.02. 

Complaint Received – Monument Pillars in Forest Hills Club Estates:  Mayor Douglass stated the Forest Hills Club Estates Trustees filed a complaint against two residents for trespassing with monuments built on the right-of-way.  The complaint was forwarded to the Prosecuting Attorney who is reviewing the case.   

Weeds:  Mayor Douglass stated the City has been working on a weed ordinance that will be discussed at tonight’s meeting.   

Budget:  Mayor Douglass explained that the preliminary glance at next year’s budget has not changed since our previous review several months ago.   

Kehrs Mill Trails Residents Complain About MSD’s Invoices:  Mayor Douglass said four citizens called City Hall to voice their complaint against MSD’s storm water bill.  Alderpersons Meyer and Shea also received calls.  Mayor Douglass said the next Chronicle would contain an article about the rate increase.   

Architectural Review Board Meeting:  Mayor Douglass said he was chairing a meeting to discuss other cities ordinances in relation to ours regarding demolition and infill housing.  Alderperson Schultz asked to be included. 

Alderpersons' Reports 

Parking at Kingspointe Subdivision Entrance:  Alderperson Shea reported an issue in her subdivision where they received a complaint of service vehicles parking on the entrance street into Kingspointe.  She said the Trustees would handle this issue and appreciate the City’s attempt to install signage but it would not be necessary at this time.   

Further Phone Calls on MSD Billing Issue:  Alderperson Shea said she telephoned St. Louis County Council Representative, Greg Quinn’s office asking about the MSD billing issue.  He did not have an answer at that time but promised to call her back on Thursday. 

Agenda Correction:  Alderperson Shea asked since Bill No. 0376 was actually voted on last month and failed, rather than reintroduce it as Unfinished Business, shouldn’t it be New Business?  Everyone agreed and Bill No. 0376 will now be known as Agenda Item (e) under New Business. 

Speed Limit Sign Bent:  Alderperson Schultz mentioned there was a speed limit sign’s channel post bent back too far for him to fix and asked if the City could have it replaced.  It is at the south entrance on Forest Club Dr. 

City Attorney’s Report 

Patrick Butler reported he and Mayor Douglass met with Board of Adjustment Members for a mini-seminar for them to better understand their responsibilities and duties. 

UNFINISHED BUSINESS 

There was no unfinished business. 

NEW BUSINESS 

Mayor Douglass stated that all New Business shown on tonight’s Agenda is for discussion purposes and that it might be voted on at this evening’s meeting or it might not.  If a vote is not taken, it could be brought back again next month for further discussion and/or vote. 

BILL NO. 0377 – AN ORDINANCE DELETING SECTION 215.091, SECTION 215.093 AND SECTION 215.095 IN ARTICLE II: WEEDS AND AMENDING THE TITLE OF ARTICLE II: WEEDS TO READ ARTICLE II. NATIVE PLANTS THAT CONSTITUTE VEGETATION, WEEDS AND GRASSES A NUISANCE IN TITLE II, PUBLIC HEALTH, SAFETY AND WELFARE IN CHAPTER 215: NUISANCES AND AMENDING SECTION 215.080, SECTION 215.081, SECTION 215.083, SECTION 215.087 AND SECTION 215.090. 

There was no motion to pass Bill No. 0377 and thus it became a Working Session.  Section 215.080 – Use of Native Plants in Landscape Design Paragraph A. was discussed.  Some felt the wording too vague or too general.  A suggestion came that in addition to Landscape Design, it should read Use of Native Plants in Developed Area or Landscape Area.  A question was asked as to how many problems the city has had with this?  Alderperson Schultz stated, “There have been two problems with bamboo plantings in Forest Club Estates”.  With that having been discussed, we were referred to a handout of Areas To Be Addressed.  Mayor Douglass asked if the Board wants to keep high grass at 12” as it is now, or would they like to change that?  It was mentioned that Lawn Grass should be included and contain a definition.  Then came a question do we even want a list?  To which responses came; they don’t know how an ordinance could be policed without a list of weeds.  Finally, Mayor Douglass asked for a vote, saying it is critical to know if we should have a list included in the ordinance.  There were four affirmative votes:  Alderpersons Meyer, Schultz, Sittser and Young.  One nay vote:  Alderperson Shea.  Alderperson Schiller stated, “No, except dandelions and thistle.” 

Paragraph B seemed to have a unanimous agreement that ornamental grasses should not be restricted.  Also, the sight distance portion read all right with everyone.   

Paragraph C regarded dead trees, bushes or shrubbery prohibited whereby Alderperson Meyer stated he had a problem with removing dead trees in certain instances.  Alderperson Shea agreed, saying Kehrs Mill Trails residents have three acres of wooded lot where a dead tree might not be a nuisance.  The City Attorney, Patrick Butler, said perhaps a definition of wooded lot versus non-wood lot could be used. 

Paragraph D:  A comment that perhaps simpler wording could be used, i.e. one cannot dispose of “X” in a creek, storm sewer or street.   

Paragraph E:  Discussion ensued going both ways – “take it out” and “leave it in.”  In the end the majority stated, “Leave it in.” 

Mayor Douglass asked for two volunteers to work on Bill 0377 this month, to which Alderpersons Schiller and Schultz volunteered. 

BILL NO. 0378 – AN ORDINANCE ADDING A NEW PARAGRAPH 20: STORAGE, AND PARKING OF COVERED VEHICLES TO SECTION 215.010: ENUMERATION IN TITLE II, PUBLIC HEALTH, SAFETY AND WELFARE IN CHAPTER 215: NUISANCES. 

Alderperson Meyer stated he didn’t think Bill No. 0378 was perfect but he would like to introduce it nonetheless.  Alderperson Shea seconded the motion.  Mayor Douglass read Bill No. 0378 the first time.  After discussion regarding non-commercial passenger vehicles versus trucks, motorcycles, campers, boats, etc. which are prohibited on driveways anyway, the question came why do we need that stated in the ordinance?  Alderperson Meyer withdrew his motion.  Alderperson Shea withdrew her second. 

BILL NO. 0379 – 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 amending Section 310.040: USE OF COASTERS, ROLLER SKATES, MOTORIZED PLAY VEHICLES, MOTORIZED SKATEBOARDS AND SIMILAR DEVICES BY ADDING A NEW PARAGRAPH C REQUIRING HELMETS ON CHILDREN UNDER THE AGE OF SEVENTEEN (17). 

Alderperson Schiller made a motion to discuss this at a later date when we are sure if the ordinance reads correctly when referring to Section 310.040.  Alderperson Sittser seconded the motion.   

Forest Hills Country Club’s Request for Special Use Permit:  Mayor Douglass referred to a letter in everyone’s packet from Forest Hills Country Club requesting a Special Use Permit to locate a temporary trailer to house summer day-campers.  He said in 2004, the Council passed a motion, saying the club should send a letter of request whereupon the Council will take a vote if a temporary trailer is appropriate.  A motion was made by Alderperson Schultz to approve the Special Use Permit, seconded by Alderperson Shea.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

BILL NO. 0376 – AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE V: BUILDING AND CONSTRUCTION, CHAPTER 500: BUILDING CODES AND REGULATIONS, ARTICLE VI. FEE SCHEDULE BY DELETING SECTION 500.301 AND ADDING A NEW SECTION 500.301, 500.304 AND 500.305. 

Alderperson Schultz made a motion to discuss and pass Bill No. 0376.  Alderperson Young seconded the motion.  Mayor Douglass read Bill No. 0376 the first time.  Alderperson Shea stated she thinks because we’ve had a huge property tax, she doesn’t think this is the time to charge people more money.  Mayor Douglass read Bill No. 0376 the second time.  A roll call vote was taken with the following result:  Ayes:  Meyer, Schiller, Schultz, Sittser and Young.  Nays:  Shea.  It was declared Bill No.0376 passed and is now Ordinance No. 08-04. 

Audit:  Alderperson Shea made a motion, seconded by Alderperson Schiller to have invoices in the amount of $86,067.78 approved for payment.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.   

Alderperson Shea made a motion for the Board of Aldermen of Clarkson Valley to go into closed session upon adjournment of the Regular Meeting of the Board of Aldermen.  Alderperson Sittser seconded the motion.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  The Board went into Closed Session at 9:10 p.m.  The Board then adjourned.

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Scott Douglass, Mayor

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ATTEST: Michele McMahon, City Clerk

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