RECORD OF PROCEEDING
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Meeting of the Board of Aldermen of the City of Clarkson Valley at City Hall (Clarkson Executive Center), February 2, 2021.
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The virtually-held meeting was called to order at 6:30 p.m. It was duly noted that in an attempt to be as open and transparent as possible, the February 2021 Regular Meeting of the Board of Aldermen was made available virtually to all citizens.
The meeting opened with the Pledge of Allegiance and was called to order at 6:30 p.m. A roll call was taken with the following result:
PRESENT
Mayor Scott Douglass
Alderperson Jim Meyer Ward 1
Alderperson Sue McNamara Ward 1
Alderperson Honora Schiller Ward 2
Alderperson Julie Blanner Ward 2
Alderperson Scott Schultz Ward 3
Alderperson Lin Midyett Ward 3
ABSENT
Also in Attendance:
City Attorney: Patrick Butler
City Clerk: Michele McMahon
Alderperson Schultz made a motion to accept the Minutes from the January 5 meeting. Alderperson Meyer seconded the motion. A voice vote was taken to accept the Minutes with an affirmative result and the motion was declared passed.
REMARKS, PETITIONS AND COMPLAINTS
There were no remarks, petitions or complaints.
REPORTS
Chesterfield Police Report
Lt. Connelly gave the January Police Report.
Mayor’s Report
Court Report: Mayor Douglass said court is still not in session but heard rumors the court might start back to in-person by mid-March. After speaking with the Prosecuting Attorney, Tim Engelmeyer, he found that it was just that – a rumor. The amount received in December 2020 for court receipts was $5,059.86.
Sanitation Contract: As reported at the January meeting, the sanitation contract ends June 30, 2021 and stated we are getting ready to entertain bids.
Revenue/Expense Report and Budget Discussion: Mayor Douglass stated that in 2019-2020, we brought in $395,000 in sales tax revenue. When the new budget was drafted in June 2020, we reduced that amount by 20% because of the pandemic. He then asked everyone to look at the Revenue/Expense Report and pointed out we are $54,000 ahead of the budget with five months to go. He said he cannot explain it; perhaps it’s the stimulus money people received. Further explaining that in the month of January for the previous four years, we always received over $30,000; $5,000 short of what was received this month. For that reason he said, he wants to be cautious going forward. Next month you will receive a more detailed report of our revenues and expenses as we go forward to the next year and get ready to bid our sanitation contract.
Alderpersons’ Reports
Snow Removal Reimbursement: Alderperson Schiller gave the Committee Report, stating their meeting was held via conference call with herself and Committee Members Schultz and Midyett in attendance and the goal being to determine if there were a better way of reimbursing the subdivisions for snow removal. We looked at reimbursement strategies used in the past and through discussion we decided calculating reimbursement based on mileage was the most reasonable and best way to do this.
She said the City budgeted $75,000 and reported that four subdivisions submitted invoices less than their budgeted maximum amount. Instead of paying $75,000, the total amount for 2019-2020 snow removal submittals would be $66,000. In conclusion, she said perhaps the City could reimburse the subdivisions next month based on the tax receipts and Mayor Douglass’ report.
City Attorney’s Report
There was nothing new to report.
UNFINISHED BUSINESS
Raised Vegetable Garden Beds and Protection Fences: Alderperson McNamara made a motion to discuss and pass Bill No. 0497, seconded by Alderperson Blanner. Alderperson McNamara stated she spoke with a Kehrs Mill Estate garden owner who has five or six gardens, each with a raised bed 2’ above ground, 8’ x 4’ with 4’ between each bed. The total garden area is fenced and measures 25’ x 25’ for a total of 625 square feet. Last month we discussed limiting the size to 200 square feet. This garden is in the back yard, squarely centered and shielded by evergreens and other plantings, making the garden visibly unobtrusive. The lot map was shared on the screen for everyone to see and it was easy to discern the garden. Questions were raised about building lines, which this particular garden encroached by approximately 50’ and if the fence matched what we are proposing. Comments included, the garden is extremely tastefully done; they’ve done an efficient job of hiding the garden (behind a row of evergreens); after time, these gardens sometime become neglected due to circumstances beyond the owner’s control; the garden owners did an efficient job of precluding the animals. At this point, discussion was halted in order to call the Public Hearing.
PUBLIC HEARING
Carports, Garages, and Parking: City Clerk, Michele McMahon, read the Notice of Public Hearing. A Planning and Zoning Hearing was held January 27. The Chairman, Gregg Bogosian is attending tonight’s virtual meeting and Alderperson Schiller, who is present tonight, served as a Commission Member at the P&Z Hearing. There was an affirmative recommendation to this Board to approve the zoning changes prohibiting carports; parking requirements regarding handicapped parking; and iterating the necessity for a connecting element on detached/attached garages. Mayor Douglass thanked Chairman Bogosian for his leadership and expressed his gratitude on behalf of the City to the commission.
The Public Hearing closed at 7:02 p.m.
Raised Vegetable Garden Beds and Protection Fences – Continued: Mayor Douglass re-opened the discussion on raised vegetable garden beds asking Alderperson McNamara the questions of where she sees this going. Alderperson McNamara asked if this garden which contains a combination of six 8’ x 4’ individual gardens, would be allowed by this proposed ordinance pointing out sub-paragraph C which states: each bed or combination of beds shall not exceed 200 square feet, concluding that these six beds would equal 192 Square feet. This combined garden consists of an enclosed area totaling 625 square feet with approximately 145 linear feet of fence. Alderperson Blanner stated that it is a significant fence and asked where would we draw the line? Alderperson Schiller mentioned that we do not allow fences beyond the building lines, to which it was stated, this home owner has a problem.
Mayor Douglass proposed two ways of going forward. We could, 1) bring the discussion back to see if there is further discussion on how to address these issues; or 2) we could pass the ordinance with an amendment stating that any multiple beds beyond the provisions within this ordinance would have to go to the Board of Aldermen for a Special Use Permit. Alderperson Schiller made a motion to table and discuss at the March meeting, stating no one will be planting a garden at this time. Alderperson Meyer seconded the motion. A voice vote was taken to table discussion until March with a unanimous affirmative result and the motion was declared passed.
NEW BUSINESS
BILL NO. 0498 – AN ORDINANCE AMENDING THE ZONING REGULATIONS IN SECTION 405.040 OF THE MUNICIPAL CODE, CITY OF CLARKSON VALLEY, MISSOURI, BY ADDING A DEFINITION AND PROHIBITING “CARPORTS” AND BY DELETING PARAGRAPH C “PARKING REGULATIONS” IN SECTION 405.080 AND ADDING A NEW PARAGRAPH C “PARKING REGULATIONS”.
A motion was made by Alderperson Meyer to discuss and pass Bill No. 0498. Alderperson McNamara seconded the motion. The City Clerk read Bill No. 04986 for the first time. Mayor Douglass asked the City Attorney to weigh-in on this and he said he has no issue with it and it clears up a few items that needed it. The City Clerk read Bill No. 0498 a second time. A roll call vote was taken with the following results. Ayes: Blanner, McNamara, Meyer, Midyett, Schultz and Schiller. There were no Nays. Mayor Douglass declared Bill No. 0498 as having passed and is now Ordinance No. 21-02.
BILL NO. 0499 – AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE II: PUBLIC HEALTH, SAFETY AND WELFARE, CHAPTER 210: OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE II OFFENCES AGAINST THE PERSON, BY ADDING A NEW SECTION 210.025 ARREST FOR VIOLATION OF ORDER – PENALTIES – GOOD FAITH IMMUNITY FOR LAW ENFORCEMENT OFFICIALS.
A motion was made by Alderperson Blanner to discuss and pass Bill No. 0499. Alderperson Midyett seconded the motion. The City Clerk read Bill No. 0499 for the first time. There was no discussion. The City Clerk read Bill No. 0499 a second time. A roll call vote was taken with the following results. Ayes: Blanner, McNamara, Meyer, Midyett, Schultz and Schiller. There were no Nays. Mayor Douglass declared Bill No. 0499 as having passed and is now Ordinance No. 21-03.
Trash Container Enclosures: Mayor Douglass reported the City just mailed 32 letters to residents in the Dunhill Farm Subdivision regarding visible trash containers. He said the way he looks at it there are three options – but warned that enforcing any of these three will come with pushback. Alderperson Meyer stated the reason we did this in the first place was to protect the containers from critters getting into the trash. He said he thinks we should enforce the ordinance. Alderperson McNamara agreed, saying we live in an area with a lot of animals and also raised the issue that these can attract vermin. Alderperson Blanner agreed that we should enforce the current ordinance.
Alderperson Schiller asked what the penalty is for violations and City Attorney, Patrick Butler said the general violation clause ranges from zero to the maximum amount which is $1,000. He said you could add a rate schedule to the current ordinance. The schedule mentioned at tonight’s meeting was a warning with the first letter to be mailed; with a second warning letter stating “Second and FINAL”. The third violation cited would have a $25 fine and the fourth letter would contain mention of a $50 fine. All agreed we’re not out to get anyone, but there are frequent and continual violators and this might aid in changing their habits. Mayor Douglass said we’ll put together a first draft of an ordinance with the fine schedule and send that to you in the next week or two.
Audit: Alderperson Meyer made a motion to approve payment of invoices in the amount of $60,846.61, seconded by Alderperson Blanner. A voice vote was taken to approve the audit with a unanimous affirmative result and the motion was declared passed.
Alderperson Meyer made a motion to adjourn, seconded by Alderperson McNamara. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. The meeting adjourned at 7:30 p.m.
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Scott Douglass, Mayor
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ATTEST: Michele McMahon, City Clerk