Minutes of November 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), November 1, 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 Shea to accept the Minutes.  Alderperson Schiller seconded the motion.  A voice vote was taken with an affirmative result and the motion was declared passed.   

REMARKS, PETITIONS, COMPLAINTS

There were no remarks, petitions or complaints. 

REPORTS

Ballwin Police Report: Captain Schicker handed out the Police Summary for October 2005.  He reported seven accidents occurred last month; most stemming from following too closely.  He reported that one of those at fault left the scene of the accident.  No injuries resulted from any of the accidents. 

Captain Schicker mentioned that Clarkson Valley was assigned a new traffic officer.  Tracey Betts is Ballwin’s number one DWI enforcement officer.  She is replacing Officer George Boswell, who has written over 13,000 tickets in the eight years he worked for us.  He requested reassignment.  

Mayor’s Report    

Court Report:  The total amount collected for traffic fines and court costs for the month of October 2005 was $15,563.00. 

Ticket Complaint:  Mayor Douglass reported that he would respond to the Chesterfield resident who sent an e-mail complaining of a speeding ticket he received for speeding on Kehrs Mill Road.  

Kingspointe/Kehrs Mill Trails - Subdivision Dispute:  Mayor Douglass explained that the disagreement between the two subdivisions regarding payments, or lack thereof, to maintain the lakes will now be settled in court.  Mayor Douglass read the letter contained in the Alderpersons’ packet written by the attorney representing Kingspointe Subdivision, which states he has a different interpretation of the zoning code than the City.  The codes states Clarkson Valley must approve indenture changes before they can be recorded at the county.  Mayor Douglass reiterated the City’s intent to remain neutral. 

City Attorney, Patrick Butler, and Mayor Douglass gave a brief history of the request received almost two years ago for two paragraph changes in Kingspointe’s indentures.  The City considered only one; which regarded the necessary percentage of affirmative votes of their constituents.  Besides having no desire to get into the middle of a no-win situation, another reason for not considering the second request is because the two subdivisions are in dispute over how this change would effect the contractual agreement written years ago between the two subdivisions.  Planning and Zoning Chairman, Frank Hodgdon also pointed out that if one subdivision changes that portion of their indentures; the other subdivision would have to do likewise, which is unlikely to occur.  Mayor Douglass also reminded those present that last year he held a meeting at City Hall in an attempt to get the two subdivisions together.  Everyone agreed that did not work.  He also explained the recent barrage of letters going back and forth between the two preliminary attorneys representing their respective subdivisions and the name-calling that ensued.  

Alderperson Shea explained the way an indenture change works in Clarkson Valley is the subdivision brings the change to the city stating the majority of their residents have voted and would like to adopt this amendment.  She further stated her belief that the subdivision deserves that this goes through the proper channels.  She said this proposal should have gone to Planning and Zoning and their recommendation should then have gone to the Board of Aldermen, who ultimately would vote on the issue.  She said the city is involving itself by taking a position of not doing this.  Frank Hodgdon, said he seemed to recall that both requests were regarded at the Planning and Zoning Hearing held several years ago and the Committee did not want to consider the one paragraph. 

Dead Tree on Private Property on Kehrs Mill Road:  Mayor Douglass stated that he noticed the dead tree on the Demsky’s property was cut down.  He said he spoke with Midwest Waste who promised to pick up the Demsky’s tree debris, even if it is more waste than is generally allowed.  

Pleasant Valley Subdivision – Concern Once Bridge is Reopened:  Mayor Douglass stated that he referred a letter that we received from Trustees of Pleasant Valley Subdivision to Wildwood’s Mayor, Ed Marshall.  The Trustees feel that once Valley Road is reopened, vehicular speed might increase and they are requesting a four-way stop in order to eliminate potential accidents.  Mayor Marshall assured him they would make appropriate traffic studies and follow this closely.  

Marquette High School – Emergency Entrance:  Mayor Douglass reported that signs were posted this week on both sides of the gate stating “No Blocking”.  He also reported a letter received today from St. Louis County Highways Department saying they are requesting St. Louis County Council Members to approve their request for signage at this entrance that states No Parking and No Right Turns.  Sometimes that takes up to three months to be proposed and approved.  Alderperson Meyer asked if the police can write tickets if someone illegally parks at the entrance?  Captain Schicker said they can issue tickets because it is an emergency entrance and he promised to enforce that.  Alderperson Shea asked, “if cars were parked but with an opening in the middle, would the police consider that blocked?”  Captain Schicker responded, “if they park in front of the gate, it is blocked”.  

Deer Hunt:  He reported that twenty-six households approved hunting on their property and so far this season, twenty-four does and two bucks were harvested.  

Project on CitiCorp Property:  Mayor Douglass reported that at a meeting between residents of the subdivisions abutting the CitiCorp property and representatives of the project, Mr. Griesiedick, the attorney for the developer, promised to contract for services of an engineer to measure the lakes in Clarkson Farm and Westhampton Subdivisions.  True to his word, last week we heard from the two subdivisions who reported that an engineer was taking measurements.  

Alderpersons’ Reports: 

Unsafe Condition:  Alderperson Schultz mentioned that he received a copy of a letter sent by City Hall to a resident living within his ward.  He said that while the city was investigating a complaint from a neighbor about the owner improperly discharging water from their swim pool onto their property, the city discovered the pool did not have an appropriate, required fence enclosure.

City Attorney’s Report 

Patrick Butler reported that in order to avoid another lawsuit, he is advising the city to legally “hide” from the subdivision dispute and allow the two subdivisions to work it out themselves.  Alderperson Schiller asked if a synopsis could be given for those present that were unfamiliar with the situation. The history of the dispute, he explained, is there is a series of lakes situated between Kingspointe Subdivision and Kehrs Mill Trails Subdivision.  In most instances, the properties adjoining the lakes have lot lines that run to the middle of the lakes, including homes in Kingspointe.  Alderperson Shea interjected that the biggest issue in this dispute is that only Kehrs Mill Trails has access to, and use of the lake.  Plus, she said, Kehrs Mill Trails never accounted for the money Kingspointe paid for maintenance.  Mayor Douglass further explained that the original agreement between the two subdivisions originated when Kingspointe was being built.  To appease residents of Kehrs Mill Trails, whose lakes were brown with siltation runoff from the newly developed subdivision, the developer came up with the indenture adjustment to collect $50 annually per lot in Kingspointe Subdivision in order to maintain the three lakes in Kehrs Mill Trails.  The monies were to accumulate to a certain dollar amount and then said annual collections of $50 per Kingspointe household would cease.  Somehow, Kehrs Mill Trails never accumulated the money and never accounted for the spending thereof.  Alderperson Schiller agreed the city should stay out of this.  

Patrick Butler reported on a different subject; sound walls.  He said he filed the memorandum and memo regarding the Type I and Type II project to the great discontent of MoDOT’s attorney.  They have until the third week of November to file a reply.  He concluded by saying they would receive a copy of the memorandum listing the issues.  

He reported that the city held a Board of Adjustment Hearing last week for petitioner Aaron Ray.  He reported that Board Members were very pleased with the new proposal and voted unanimously to allow the 9’ encroachment to the side yard (fronting Kehrs Mill Road) to locate a fireplace.  

UNFINISHED BUSINESS

Board of Adjustment Member:  Alderperson Shea made a motion to add Karen Koshak as a member to the Board of Adjustment.  Alderperson Schiller seconded the motion.  Mayor Douglass explained that Mrs. Koshak would be filling the vacancy left by Mary Ann Gatto, who just moved out of the city.  He further explained that last month, the Board appointed Paul Young to the Board of Adjustment, filling Ben Crocker’s position.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

NEW BUSINESS

Audit:  Alderperson Schiller made a motion, seconded by Alderperson Shea to have invoices in the amount of $75,388.76 approved for payment. 

Sanitation Contract:  Alderperson Meyer asked Mayor Douglass when next would the city solicit bids for trash collection?  Mayor Douglass responded that he is hesitant to do that and reminded those present that the last time we solicited bids for police contract, the cost went up considerably.  He said we do need to discuss this, however, and that he and Scott Schultz were going to meet late this month or early next, to discuss the budget.  He said the city might want to consider one-time-per-week trash pickup. 

Newsletter:  Mention was made at last month’s meeting that a newsletter should be published.  Mayor Douglass said one should go out this month containing information about not feeding deer or geese; not putting trash out before the allowable time; sound wall update; wishing everyone a merry Christmas; and containing the storm water brochures the city received from MSD.  

Welcome Sign – Update:  Mayor Douglass reported in Alderperson Sittser’s absence that four Welcome signs were ordered and should be installed by the end of the month.  

Alderperson Shea made a motion for the Board of Aldermen of Clarkson Valley to adjourn, seconded by Alderperson Schiller.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  The meeting adjourned at 8:20 p.m.    

  
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Scott Douglass, Mayor

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ATTEST: Michele McMahon, City Clerk

 
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