August 2023 Board of Aldermen Meeting

ABSENT
None

REPORTS

Chesterfield Police Report: Lt. Connelly gave the July Police Report. A question was asked as to why there are so many 9-1-1 calls at Mercy Hospital. Lt. Connelly said they have to dial a 9 to get an outside line, and if a different area code than 636, they dial 1.

Mayor’s Report

Upcoming Meetings: Mayor McNamara reported that dates have not been set yet, but there is a request from Crestview Middle School to hold a Planning & Zoning Hearing to consider an electronic message center in the same location on Clayton Road as the current sign board is located. We also received a request from a resident to construct a room addition at their home in Forest Hills. We will keep you apprised of the dates as they become known.

Building Commissioner: Mayor McNamara said that we have received notice from our current Building Commissioner that he is considering retirement. There is one gentleman that heard about this potential vacancy and has said he would be interested. He recently retired with full credentials from Creve Coeur and he also worked for Ballwin, he lives nearby, and we are interested. But as has been mentioned, we need to list the duties that are currently being performed and we need to identify what duties we would like any potential candidate to perform for us and, yes, we would like to have more than one applicant.

Alderpersons’ Reports:

Alderman Low thanked Alderman Brock MacDonald for all the work he did to accomplish the livestreaming of this meeting, saying for the very first time our meeting will be streamed on YouTube. He further stated that we are projecting video that will be available online. On another note, our current web provider has given notice that at the end of the year, they will no longer provide hosting services. He said the email addresses cannot be fully functioning until a web provider is chosen, explaining that the email addresses and the hosting service are related. He concluded, by once again, thanking Alderman MacDonald, “who at this very second, is sitting next to me acting as Alderman, host, and IT Tech.” Mayor McNamara thanked them both for all the work they’ve done.

Alderman Bogosian asked the President of Trustees for Forest Hills Club Estates, Valerie Denton, who was in the audience, if she could explain the error that occurred at the north entrance, to which she responded it was human error. The company responsible will repair their mistake and she reported the subdivision will not be using that company again.

City Attorney’s Report: The City Attorney, Patrick Butler, had nothing to report but said he will answer any questions relating to the Agenda as the meeting progresses.

UNFINISHED BUSINESS

Subdivision and Country Club Contractual Agreement for Police Enforcement: Mayor McNamara said we are ready to send the contractual agreement for police enforcement to the Subdivision Presidents, along with a cover letter and asked for a Motion to discuss and approve the Agreement as it stands now, which is the seventh drafted version. A motion was made to discuss and approve sending this Agreement by Alderman Low, seconded by Alderman Midyett. Mr. Butler explained how this agreement was not only recommended by him, but also that of the City’s Prosecuting Attorney, Tim Engelmeyer, who said it was necessary. Lastly, it was recommended that we approve sending this Agreement by Attorney Robert Jones, who is the one that gave us the second opinion for spending ARPA funds, approving spending funds on the subdivision streets. He said this agreement with the subdivisions will aid in the appropriateness of reimbursing snow removal charges because it differentiates our subdivision streets from private to quasi-public streets. Mayor McNamara pointed out the third loophole this Agreement resolves is that police would now have full rights to issue tickets, warrants, arrests, etc. without fear of future lawsuits or being overturned in court. After lengthy discussion, Alderman MacDonald called for the vote. A roll call vote was taken to send this Agreement with the following results: Ayes: Bogosian, Low, MacDonald, Midyett, Schiller and Schweig. There were no nays. Mayor McNamara declared this as being approved and the letter will be mailed this week.

BILL NO. 0528 – AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE VI, CHAPTER 620: CABLE TELEVISION FRANCHISING REGULATIONS, BY DELETING SECTION 620.070: FEE – PAYMENT AND ADDING A NEW SECTION 620.070: FEE – PAYMENT. A motion was made by Alderman Schiller and seconded by Alderman Low to discuss and pass Bill No. 0528. The City Clerk read Bill No. 0528 for the first time. Mayor McNamara explained that this is a necessary ordinance because it is a newly passed State Statute, which will reduce the percentage we currently collect from video franchise fees. We currently receive 5% gross subscriber revenue, which beginning August 28, will reduce by ½ percent for the next five years. August 28, 2027 will be the last reduction and from that day on, the City will receive 2.5% of gross revenue. The City Clerk then read Bill No. 0528 the second time. A roll call vote was taken, with the following results. Ayes: Bogosian, Low, MacDonald, Midyett, Schiller and Schweig. There were no nays. Whereby, Mayor McNamara declared Bill No. 0528 as having passed and is now Ordinance No. 23-09.

NEW BUSINESS

Planning & Zoning / Board of Adjustment Member: Mayor McNamara called everyone’s attention to the bio in their packet. Alderman Midyett made a motion to nominate David Grable to both boards, seconded by Alderman Bogosian. A voice vote was taken to approve the nomination with a unanimous affirmative result and the motion was declared passed. Mr. Grable was then introduced and spoke about himself, saying he and his wife loved this area and moved to the Kingspointe Subdivision. He served overseas for many years in the special forces and now is the Director of Security for Human Security. He concluded by saying he is looking forward to serving on both Planning & Zoning and the Board of Adjustment. Everyone thanked and welcomed him.

BILL NO. 0529 – AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE V: BUILDING CODES AND REGULATIONS, ARTICLE I. BUILDING CODE, SECTION 500.020 AMENDMENTS, INTERNATIONAL PROPERTY MAINTENANCE CODE, CHAPTER 3, SECTION 302 EXTERIOR PROPERTY AREAS, BY DELETING 302.2 GRADING AND DRAINAGE BY ADDING A NEW 302.2 GRADING AND DRAINAGE ESTABLISHING THAT ARTIFICIAL DRAINAGE CANNOT EXIT ANY CLOSER THAN TEN (10) FEET TO ANY PROPERTY LINE AND NOT TO ANY PUBLIC RIGHT-OF-WAY, OR ON PUBLIC PROPERTY. A motion was made by Alderman Schiller and seconded by Alderman Schweig to discuss and pass Bill No. 0529. The City Clerk read Bill No. 0529 for the first time. Alderman Schiller stated she did not approve the statement that the Building Commissioner could grant permission allowing this discharge if he deemed appropriate. The City Attorney stated various purposes where this could be used. After further discussion, a Motion was made by Alderman Midyett, seconded by Alderman Bogosian to amend the statement to add the word ‘temporary’, which would be added between the words ”prior ‘temporary’ permission”. A voice vote was taken to approve adding the word ‘temporary’ with an affirmative result and that Motion was declared as having passed. The City Clerk then read Bill No. 0529, as amended, the second time. A roll call vote was taken, with the following results. Ayes: Bogosian, Low, MacDonald, Midyett, Schiller and Schweig. There were no nays. Whereby, Mayor McNamara declared Bill No. 0529 as having passed and is now Ordinance No. 23-10.

BILL NO, 0530 – AN ORDINANCE OF THE CITY OF CLARKSON VALLEY, MISSOURI, TO ESTABLISH A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN OFFICIALS. A motion was made by Alderman Bogosian and seconded by Alderman Low to discuss and pass Bill No. 0530. The City Clerk read Bill No. 0530 for the first time. Mayor McNamara explained that once our Budget exceed one million dollars, it was necessary for the Mayor, the Aldermen, the City’s Purchasing Agent, any elected official representing the City in the prior year, and anyone running for office in April the following year, to submit a Conflict of Interest report to the Missouri Ethics Commission (MEC). The first year we exceeded one million, we had to fill out the long form, which was uncomfortable at best. The option is to pass this Ordinance, which allows us to submit a short form. There was no discussion. The City Clerk read Bill No 0530 the second time. A roll call vote was taken, with the following results. Ayes: Bogosian, Low, MacDonald, Midyett, Schiller and Schweig. There were no nays. Whereby, Mayor McNamara declared Bill No. 0530 as having passed and is now Ordinance No. 23-11.

RESOLUTION 23-05: RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY APPROVING THE DISTRIBUTION OF AMERICAN RESCUE PLAN ACT (“ARPA”) FUNDS TO THE HOMEOWNERS ASSOCIATION OF CLARKSON MILL CIRCLE (“CLARKSON MILL”). A motion was made by Alderman MacDonald and seconded by Alderman Midyett to discuss and pass Resolution 23-05. Alderman MacDonald explained there were three subdivisions that supplied the required information (proof of attempt to acquire three quotes; proof of insurance; bid, etc.) to go to this level for passage of a Resolution. The remaining ten subdivisions supplied the proper paperwork for the initial phase and letters will be sent to each individual trustee president, stating what is necessary to get to the level these three Subdivisions are at tonight. There was further discussion and more questions from Trustees in the audience. A voice vote was taken for passage of Resolution 23-05 for the Clarkson Mill Subdivision with four ayes, one nay, and one abstention. Whereby, Mayor McNamara declared Resolution 23-05 as having passed.

RESOLUTION 23-06: RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY APPROVING THE DISTRIBUTION OF AMERICAN RESCUE PLAN ACT (“ARPA”) FUNDS TO THE HOMEOWNERS ASSOCIATION OF THE MANORS AT CLARKSON VALLEY (“THE MANORS AT CLARKSON VALLEY”). A motion was made by Alderman MacDonald and seconded by Alderman Midyett to discuss and pass Resolution 23-06. There was no discussion other than Alderman Schiller reiterating ARPA should be spent on ‘safety’. A voice vote was taken for passage of Resolution 23-06 for The Manors at Clarkson Valley Subdivision with four ayes, one nay, and one abstention. Whereby, Mayor McNamara declared Resolution 23-06 as having passed.

RESOLUTION 23-07: RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY APPROVING THE DISTRIBUTION OF AMERICAN RESCUE PLAN ACT (“ARPA”) FUNDS TO THE HOMEOWNERS ASSOCIATION OF WESTHAMPTON (“WESTHAMPTON”). A motion was made by Alderman Midyett and seconded by Alderman Low to discuss and pass Resolution 23-07. There was no discussion. A voice vote was taken for passage of Resolution 23-07 for Westhampton with four ayes, one nay, and one abstention. Whereby, Mayor McNamara declared Resolution 23-07 as having passed.

Architectural Review Board Member: Alderman Low made a motion to nominate Kimberly Kossmann to serve on the Architectural Review Board (ARB), seconded by Alderman Schweig. Mayor McNamara said that Kim is an engineer currently working for Bayer and she has received clearance to serve in this capacity for our City. She further stated that Kim is very qualified for this and said she also serves as Trustee for the Dunhill Farm Estates Homeowners Association. She said she spoke to the President of Trustees of Dunhill Farm, Kathy Walker, who highly recommends Kim. Alderman Schiller commented that she is not an architect, to which Alderman Low said she is a civil engineer and that is exactly what we would want. A voice vote was taken with a unanimous affirmative result and the motion to approve Kimberly Kossmann to the ARB was declared passed.