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Archived Meeting Agendas
Every effort is made to ensure that the Agendas and Minutes provided on this and subsequent pages is timely and correct; however, users should keep in mind that this information is provided only as a public convenience. In any case where legal reliance on information is required, the official records of the City of Ballwin should be consulted. The Board of Aldermen meet on the second and fourth Mondays of each month at 7 p.m. in the Board Room of the Ballwin Government Center, 1 Government Ctr. Schedule and place subject to change. Meetings are open to the public. All citizens are urged to attend. Board of Aldermen MeetingMeeting AgendaMeeting MinutesRECORD OF PROCEEDINGS
The meeting was called to order by Mayor Jones at 7:00 p.m.
The Pledge of Allegiance was given. The Minutes of the July 23, 2002 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Gatton and seconded by Alderman Buermann to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. CITIZEN COMMENTS Tim Reisel, 128 Vlasis Drive Robert Klein, 2452 Capital Landing: Evonne Kilven, Mayfair Subdivision Tony Zafiropoules, 2670 Clarkson Road Henry Bond, 2379 Fairwood Forest Ct. Christine Cybulsky, Clarkson Crossing Subdivision Susan Stengel, 15528 Weatherburn Thomas Barrett, 15925 Fairway Lake Ct. City Attorney Lucchesi reminded the audience that the City of Ballwin has no control over Clarkson Road or what MoDOT does on Clarkson Road. The input that this Board has is very limited. Mayor Jones said that Clayton Road is also a State highway and the City has no input. Walt Young, 634 Lemonwood Drive Walt Young, also asked about making Twigwood / Ries a 4-way stop sign. He said the people that live on the northwest corner of the intersection should be asked to trim the hedge. You have to get out into the intersection to see before turning. He also pointed out the situation on New Ballwin Road at West Glen Village Drive. There is a large fern in the boulevard and you can’t see around it. Neal St. Onge, 281 Geremma Jerry Gear, 502 Kenilworth Lane A Resident, 202 Balltrae Ct. PUBLIC HEARINGS None. LEGISLATION BILL # 3182 A motion was made by Alderman Easter and seconded by Alderman Robinson for a first reading of Bill No. 3182. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3182 was read for the first time. Alderman Gatton said he reviewed the existing ordinances. The new ordinance would require a dog on a leash in people’s front yard. This is going too far. The existing ordinance covers this. Alderman Suozzi said she understands Alderman Robinson’s concern and it is genuine, however, this ordinance is too specific. She would like further review before any action is taken. Alderman Robinson explained that dogs are charging and looking like they are going to attack a child or adult walking on the sidewalk or in the street. Does a child need to be hit by a car or killed before action will be taken. Trailers in front yards are restricted, but the trailer is not going to charge at people and bite them. He believes this is a legitimate regulation to protect children and adult walkers. Alderman McDowell said the blame lies with individuals who have not properly had their dog trained to not be aggressive toward pedestrians. Everyone should not be penalized. Alderman Robinson said the problem with the existing law is enforceability. The City and the Police don’t know most of the time if a dog has been previously aggressive. A clear and concise ordinance, not subject to interpretation, and clear in definition and meaning, should be available to law enforcement. Mayor Jones suggested either a motion for a second reading and bring it up for a vote tonight, or if no motion is made, it will be placed on the next agenda, having been read once. There was no motion for a second reading. A RESOLUTION Mayor Jones asked if there is any discussion of this Resolution. There was none. A motion was made by Alderman Suozzi and seconded by Alderman Anderson to approve the Resolution. A voice vote was taken with a unanimous affirmative result and the Resolution was declared passed. BILL # 3183 A motion was made by Alderman Buermann and seconded by Alderman Anderson for a first reading of Bill No. 3183. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3183 was read for the first time. A motion was made by Alderman Gatton and seconded by Alderman Buermann for a second reading of Bill No. 3183. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3183 was read for the second time. A roll call was taken for passage and approval of Bill No. 3183 with the following results: Ayes – Buermann, Anderson, Gatton, Easter, Lembke, Robinson, McDowell, Suozzi. Nays – None. Whereupon Mayor Jones declared Bill No. 3183 approved and it became Ordinance No. 02-41. BILL # 3184 A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3184. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3184 was read for the first time. A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3184. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3184 was read for the second time. A roll call was taken for passage and approval of Bill No. 3184 with the following results: Ayes – Gatton, Buermann, Suozzi, Robinson, Lembke, Anderson, McDowell, Easter. Nays – None. Whereupon Mayor Jones declared Bill No. 3184 approved and it became Ordinance No. 02-42. BILL # 3185 A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3185. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3185 was read for the first time. Alderman McDowell said that if this bill is passed, there should be communication with the Ballwin residents. City Administrator Kuntz said there will be an article in the "Horizon". Mayor Jones said this will bring the ordinance into compliance with the recent Supreme Court decision. A motion was made by Alderman Suozzi and seconded by Alderman Gatton for a second reading of Bill No. 3185. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3185 was read for the second time. A roll call was taken for passage and approval of Bill No. 3185 with the following results: Ayes – Suozzi, Easter, Anderson, Lembke, Buermann, McDowell, Gatton, Robinson. Nays – None. Whereupon Mayor Jones declared Bill No. 3185 approved and it became Ordinance No. 02-43. BILL # 3186 A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3186. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3186 was read for the first time. Alderman McDowell asked who will be assessed the cost of the installation of the fire hydrant. City Administrator Kuntz said the developer would be assessed the cost. A motion was made by Alderman Easter and seconded by Alderman Buermann for a second reading of Bill No. 3186. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3186 was read for the second time. A roll call was taken for passage and approval of Bill No. 3186 with the following results: Ayes – Easter, Anderson, Suozzi, Lembke, McDowell, Buermann, Gatton, Robinson. Nays – None. Whereupon Mayor Jones declared Bill No. 3186 approved and it became Ordinance No. 02-44. CONSENT ITEMS Alderman Suozzi asked that City Administrator Kuntz said that in Alderman Suozzi said in Alderman Robinson said Ballwin having input in plans for St. Louis County’s roadway doesn’t mean Ballwin can stop or influence anything they want to do. Once it is transferred, the Board should understand that we are kissing it goodbye forever. It could become a nightmare for this Board later when people want to know why we did this. Alderman Buermann said St. Louis County could decide to make Kehrs Mill a 4-lane roadway and they would have the right to do this. Mayor Jones said if it becomes St. Louis County’s road, Ballwin won’t have any control. If we don’t want to do this under these circumstances, this is the time to make the decision. Alderman Gatton asked what is the benefit to Ballwin to this section of Kehrs Mill to St. Louis County. City Administrator Kuntz said that road, all the way to the Ballwin city limits, is St. Louis County’s through Chesterfield. It makes sense not to stop in the middle of the road, but to continue service delivery. There are pavement maintenance issues. Alderman Suozzi said City of Ballwin wants St. Louis County to maintain the residential character that the roadway currently has. Mayor Jones asked for a decision from the Board. It was agreed that the concept would stand, but that a letter would be sent to express our concern and request advice and consent before any future change is determined. Item C, Stop sign on Ries at Twigwood A motion was made A motion was made MAYOR’S REPORT Ballwin History: A motion was made Soundwall: Alderman Buermann asked about other sections of Clarkson Road and why aren’t these areas being included. City Administrator Kuntz said he cannot speak for or defend what the State of Missouri is doing. Alderman Suozzi said that Ballwin should have been informed of this project sooner and that alternative approaches should have been explored. She asked the Board to join with Clarkson Valley in opposition to these soundwalls. Alderman McDowell said this issue should not have been dumped on Ballwin in this manner. Ballwin has no authority in this issue. He said MoDOT has handled this situation very poorly. There was not proper dialogue between MoDOT and citizens or Ballwin. Our community is split on this issue. MoDOT owes Ballwin and the citizens better communication on issues such as this. Ballwin should write a letter to MoDOT stating that if they are going to do business in our city, since we are taxpayers and citizens of the State of Missouri, they should notify us of the things that are taking place. This should be Ballwin’s position regarding any work done MoDOT in Ballwin. It’s frustrating to hear the citizens that are upset over this and not be able to do anything about it. Our hands are tied. Alderman Buermann agreed and said a few years ago, a Memorandum of Understanding was adopted with MoDOT. He feels that they have not followed through on their part of the agreement. There’s no real partnership with MoDOT on this. Alderman Buermann requested copies of the Agreement be placed in the next meeting’s aldermanic packets for review. Perhaps this so-called agreement should be discontinued. Alderman McDowell suggested that a letter be sent to MoDOT letting it know of Ballwin’s displeasure in how this matter was handled. He said he is not going to be a scapegoat for the Missouri Department of Transportation because it bungled this issue and created so much hostility. This Board should not take the heat for MoDOT’s lack of consideration. Alderman Lembke said he is in complete agreement with Alderman McDowell. MoDOT is going to ram these soundwalls down the people’s throats. He said the citizens of Missouri recently voiced an opinion of displeasure with MoDOT via the vote on Proposition B. Overwhelmingly, nobody believes MoDOT is going to do what it says it is going to do. People don’t want to give MoDOT more money to do stuff like this. He said that MoDOT has stated publicly that the walls are going up and it doesn’t care. Alderman McDowell said MoDOT is also dumping on Ballwin with the roundabouts. There’s a voice that needs to be heard from the representatives and the citizens of Ballwin who don’t like the way MoDOT is dealing with us. A motion was made CITY ADMINISTRATOR’S REPORT Ballwin Days: City Administrator Kuntz suggested a work session for a Saturday morning about the future of Ballwin Days, perhaps the last Saturday in September. A motion was made Mayor Jones said that the motion just passed designates that the Ballwin Days Festival will be held in 2003. A specific date needs to be established so that vendors can be contacted. Alderman Gatton said he would like to hold off setting a date to wait for the results of the survey in the "Horizon". The Board agreed to wait for the survey results. Fine Arts Commission: A motion was made by Alderman Lembke and seconded by Alderman Gatton for the preparation of an ordinance to reflect these changes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Mayor Jones proposed the appointment of Dee Phillips, of 755 Stoney Creek, to the Fine Arts Commission, upon the recommendation of Alderman Easter. Ms. Phillips is an artist by education but not in practice. It’s her passion but not her job. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Closed Session: CITY ATTORNEY’S REPORT Fair Housing Complaint: Alderman McDowell explained to Mr. Schaeferly that if he is agreeable to paying the cost of installing the handrails (approximately $350), City Attorney Lucchesi is willing to function as a go-between with Mr. Baumann. There is no violation of the Fair Housing Code. Mr. Schaeferly asked that the Board’s determination be put in writing so that he could pursue other options. Mayor Jones instructed the City Attorney to draft this letter. ALDERMANIC COMMENTS None. A motion was made The Board of Aldermen reconvened into open session at 9:45 p.m. Mayor Jones announced that the Board met in closed session to discuss the availability of the Multiplex property, the status of the city-owned property at 123 Lyons Avenue, and the proposal for an Olde Towne development study. The Board also briefly considered correspondence from Attorney Rick Barry regarding personnel evaluation criteria. It was determined that the City has no interest in the Multiplex parcel, will consider further options regarding the Lyons property, and deferred action on the Development Strategies report until the next Board meeting. It was also decided that no action would be taken on the requests from Mr. Barry. Mayor Jones announced that a motion had been made by Alderman Easter and seconded by Alderman Buermann to adjourn into open session. A roll call vote was taken with a unanimous affirmative result and the closed session was adjourned at 9:43 p.m. A motion was made by Alderman Robinson and seconded by Alderman McDowell to adjourn. The motion passed unanimously and the meeting was adjourned at 9:46 p.m. |
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