RECORD OF PROCEEDING
_____________________________________________________________________________________
Meeting of the Board of Aldermen of the City of Clarkson Valley, November 2, 2021
_____________________________________________________________________________________
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 November 2021 Regular Meeting of the Board of Aldermen was made available to all citizens.
The meeting opened with the Pledge of Allegiance.
A roll call for the meeting was taken with the following result:
PRESENT Ward
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
Also in Attendance:
City Clerk: Michele McMahon
City Attorney: Patrick Butler
Alderperson Schultz made a motion to accept the Minutes from the October 5th meeting. Alderperson Blanner 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
Frances Babb, a resident of Kehrs Mill Estates spoke in support of the agenda item to change the policy on accepting applications for renewable solar energy systems. Mayor Douglass stated we would discuss this further when we hold a Public Hearing at 7:00 p.m.
REPORTS
Chesterfield Police Report
Lt. Connelly gave the October Police Report. He reported 40 lbs. of unused prescription drugs were turned in at the October 23 DEA Drug Take-back Event. On another note, he reported the Clarkson Valley Police both participated in, and led the Clarkson Farm Halloween Parade.
Mayor’s Report
Court Report: Mayor Douglass said the amount received in October 2021 for court receipts was $3,675.14.
Clarkson Executive Building – Change of Ownership: Mayor Douglass reported the city hall building owned by Bilfinger-Berger (the company that bought Fru-Con many years ago) was purchased by Clarkson Eyecare on November 1st. They reported to us that nothing will change. They are very glad we are tenants and are delighted to have the police officers utilize the room for their sub-station. They told us the rent would not change and their legal department was in the process of memorializing all this in writing and additionally they will include the use of the 3rd floor meeting room, which was apparently not known to them during their negotiation period. He did not foresee any issue with that but would also like to capture that in writing. Mayor Douglass said he will have a meeting to finalize all this with the new owner and will keep the Board apprised.
Visible Trash Containers – Second Letter Update: The City Clerk reported that three letters went to residents with the second and final notice for violating the Storage of Trash Container ordinance. The building commissioner was asked to look at those three properties tomorrow to report if they are now in compliance. If it is found they are not, a third letter will be sent which will include a $25 fine.
Alderpersons’ Reports
Clarkson Valley Welcome Sign Unreadable due to an Overgrowth of Vegetation: Alderperson Blanner said the Clarkson Valley ‘Welcome’ sign is so covered with vines and vegetation that it is now illegible. She asked if we could contact the City of Ballwin to have them clear the vegetation to which Mayor Douglass said the sign should be in Clarkson Valley’s city limits. She said the sign which is facing the southbound traffic on Clarkson Road, will soon be destroyed due to the overgrowth. Mayor Douglass said we would take care of it.
City Attorney’s Report
The City Attorney had nothing to report and said all is good in the City.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Renewal Energy Systems on Residential Property: Mayor Douglass asked Alderperson Schiller to begin the discussion. Alderperson Schiller made a motion to remove the ‘Purpose’ paragraph mentioned in Section M2302.1 saying it was not necessary and none of our other ordinances contain a ‘Purpose’ paragraph similar in nature. Mayor Douglass agreed and said in his opinion it comes across as a political statement. The motion was seconded by Alderperson Midyett. A roll call vote was taken to remove the paragraph with the following results: Ayes: Blanner, McNamara (who commented this ordinance should not act as a political platform), Meyer, Midyett and Schiller. Alderperson Schultz’s audio was muted and we were unable to determine a vote, but with five ayes, Mayor Douglass said the motion passed and that paragraph will be removed.
Another question posed by Alderperson Schiller was why the ordinance is changing from 6” off the roof to 12” off the roof? Building Commissioner, Jack Schenck, said the industry standards have started using micro-transformers that mount to the panels and there is a need for farther distance for heat dissipation. The maximum standard today is 12”, explaining there is 4”-6” air space from the asphalt roof to the solar panels and then you have the micro-processors under that, and then you have the framework bringing all that to a 10” to 12” mount, which is standard. City Attorney, Patrick Butler, mentioned in addition to all this, it is a safety issue and reminding us that during the summer months, this part of the country receives 103 to 105 degree-temperatures for several days in a row. Mr. Schenck said the southern states, as a rule, install up to an 18” offset for heat dissipation.
Alderperson Schiller mentioned the previous code stated the panels should be mounted 3’ off the edge or ridge of the roof and there is no mention of this on the updated code, to which Mr. Schenck stated that is a fire-personnel access and at the time during passage of our first ordinance, that was the industry standard because the panels were bigger and bulkier than they are now. Now this is all covered in the International Fire Code for their access and they’ve reduced the requirement.
The subject of coordinating colors of panels to that of the roof was brought up but the response was they do not manufacture panels in multiple colors and Mr. Schenck said the typical standard today is a satin black, non-glare product matching most of our roofs which are of a darker nature.
Alderperson Schiller mentioned she was glad the fire protection industry is involved especially since these systems have batteries which can catch fire. Then she posed the question why the original ordinance dealt with both Residential Zoning and Non-Residential Zoning and this one only deals with Residential Zone. Mayor Douglass said he and the building commissioner spoke on this subject and determined it was best to get the residential portion of the code satisfied because that is where all requests have been located so far – then we will work on the non-residential at a later time. Mr. Schenck further clarified, saying the residential portion is dealt with in the International Residential Code whereas non-residential installations are covered in the International Building Code. At the mention of that, Alderperson Schiller suggested that perhaps we should pass a Moratorium prohibiting the installation of these solar energy systems until we can pass the Non-Residential portion of the code. Mayor Douglass said we can do that.
The next set of questions involved ground-mounted arrays and Alderperson Schiller said the current version of the new ordinance states you can have a structure to hide it from your neighbors; but she added, we do not allow privacy fences so there is no permissible structure to hide these arrays. Mr. Schenck interjected he thought the ordinance stated that it was more on the lines of an ‘element’ connected to an existing structure and/or landscaping. The Mayor then asked that in an attempt to hide the ground mounted arrays, is there any “semi-standard” on how to do that, i.e. a wall? Mr. Schenck said others allow privacy screening but typically it is landscaping that is the most popular method used for screening. He further stated, however, that you cannot interfere with the sun cast.
The City Attorney weighed-in at that point saying Alderperson Schiller’s comment was correct when she stated that when we tweaked the standard International Fire Code, we are stating the ground-mounted panels require substantial shielding from line-of-sight. Even though we wrote this with the intent for the screening to be landscaping, there is a concern that some type of privacy fence would be allowed with the current wording. Mayor Douglass asked if we want to include an enclosure which would only be allowed for these circumstances to which Alderperson Schiller said she believes our residents enjoy wide open spaces and should not allow privacy screening other than landscaping.
PUBLIC HEARING
Discuss Changes to the Existing Zoning Code on Solar Energy Systems: City Clerk, Michele McMahon, read the Notice of Public Hearing and the floor was opened for discussion. Alderperson McNamara stated she would prefer we prohibit front-mounted panels, to which Planning and Zoning Chairman, Gregg Bogosian, said if a house is oriented in a certain direction they may have no choice but to face them towards the street. He then mentioned he has a neighbor who has six skylights on the roof facing the street saying they are about the same size as solar panels and the City does not regulate the installation of skylights on the roof.
Discuss the Request for a Roof-Mounted Solar Energy System at 16411 Quiet Creek Ct.: City Clerk, Michele McMahon, read the second Notice of Public Hearing. Mr. Bogosian reported the outcome of the Planning and Zoning Hearing held in October which resulted in two affirmative recommendations to the Board of Aldermen. One was to change the zoning code to allow applications for renewable energy solar systems to be approved by a simple building permit without having to go through the Planning and Zoning process; and the other was the Special Use Permit for the Maiers in Kehrs Mill Trails. He then reminded everyone that for months, the City has desired to change the code but due to Covid this was delayed. Understanding the changes sought may be tabled or even rejected tonight, we made a second recommendation the Maiers be granted approval for a Special Use Permit to construct the new house with the solar panel system.
The Public Hearing closed at 7:05 p.m.
Renewal Energy Systems on Residential Property – Continued: Mayor Douglass continued the discussion by saying what we’re left with is how best to hide the ground-mounted panel arrays with the second issue on where the panels can be mounted on the house. A comment from Alderperson McNamara indicated the Maier’s house is obscured by vegetation and is set back farther on a wooded, 3-acre lot whereas most homes in her neighborhood would look inappropriate with solar panels and skylights displayed on the front roof-lines of those homes.
The City Attorney, Patrick Butler, warned that the basis of what we are doing by regulating these can be seen as arbitrary further stating we do not regulate the color of paint our residents choose. Home Owner Associations (HOA) definitely can regulate solar panel placement because they can be more restrictive. He concluded by saying he is concerned the City might be moving a little too fast on this and there needs to be a basis for what we are doing. With that being said, Alderperson McNamara said she feels this would be better regulated by the HOA.
Alderperson Meyer said he agrees stating we do not regulate skylights. Alderperson Schiller mentioned the way this ordinance reads is people can place panels on the front or side of their house. Alderperson Midyett said he agreed with Alderperson Meyer and does not feel it needs further regulating. Alderperson Blanner felt it would be served well by the HOA; however, the Subdivision Trustees should be made aware the responsibility lies with them. Mayor Douglass said we will send messages via the newsmagazine and through emails. Alderperson Blanner would like to see that each subdivision trustee receives an email indicating this responsibility, to which Alderperson Schultz concurred.
Mayor Douglass said the question remains, what additional wording would we add for the ground-mounted panels. Do we want to go with just the berm and landscaping; or do we want to allow fences? He concluded by saying that after hearing from a majority of the Alderpersons and upon hearing nothing further, this matter should be postponed and we will discuss this next month after further review. During the upcoming weeks, he will discuss further with the building commissioner, Jack Schenck and Patrick Butler with wording for landscaping, berms, walls, fences and have it ready for next month to give the Board an option of which way to go.
Resolution 21-01: A motion was made by Alderperson Meyer to discuss and pass Resolution 21-01 which would grant the Maiers a Special Use Permit to install a roof-mounted solar energy system on their home at 16411 Quiet Creek Ct. Alderperson Midyett seconded the motion. There was no further discussion. A roll call vote was taken, with the following results. Ayes: Blanner, McNamara, Meyer, Midyett, and Schiller. Alderperson Schultz was having technical difficulties. There were no Nays. Whereby, Mayor Douglass declared Resolution 21-01 as having passed. Mr. Maier thanked Mayor Douglass and the Board Members, saying renewable solar energy is very important to him and to his wife.
BILL NO. 0508: AN ORDINANCE ADOPTING AND ENACTING THE ST. LOUIS COUNTY MECHANICAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI.
A motion was made by Alderperson Meyer to discuss and pass Bill No. 0508. Alderperson Schiller seconded the motion. Mayor Douglass said this Bill was to adopt the 2015 International Mechanical Code which is the version St. Louis County is currently using and reminded everyone the City of Clarkson Valley utilizes the County’s services for Electrical, Mechanical and Plumbing permits and inspections. The City Clerk read Bill No. 0508 for the first time. There was no discussion. City Clerk McMahon read Bill No. 0508 the second time. A roll call vote was taken, with the following results. Ayes: Blanner, McNamara, Meyer, Midyett, Schiller, and Schultz. There were no Nays. Whereby, Mayor Douglass declared Bill No. 0508 as having passed and is now Ordinance No. 21-11.
Proposing a New Board of Adjustment Member: Mayor Douglass said everyone should have received the biography delivered by Gregg Bogosian and said he is asking the Board to consider adding Mr. Bogosian to the Board of Adjustment. Alderperson Schiller made a motion to approve the appointment of Gregg Bogosian to the Board of Adjustment, seconded by Alderperson Meyer. A voice vote was taken to approve the appointment with a unanimous affirmative result and the motion was declared passed. Everyone thanked Mr. Bogosian for his service.
Dental Insurance: Mayor Douglass said the dental insurance increased 7.5% and entertained a motion to approve. The motion was made by Alderperson McNamara and seconded by Alderperson Schiller to approve the increase for the dental insurance contract. A voice vote was taken to approve with a unanimous affirmative result and the motion was declared passed.
Audit: Alderperson Meyer made a motion to approve payment of invoices in the amount of $66,832.10, seconded by Alderperson Midyett. 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 7:45 p.m.
_______________________________________
Scott Douglass, Mayor
________________________________
ATTEST: Michele McMahon, City Clerk