Board of Aldermen Meeting

Meeting Agenda

Meeting Minutes

RECORD OF PROCEEDINGS

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE

August 27, 2001

The meeting was called to order by Mayor Jones at 7:00 p.m.

 

PRESENT	ABSENT
Mayor Robert E. Jones
Alderman Kay Easter
Alderman Press McDowell
Alderman Kenneth W. Buermann
Alderman Jane Suozzi
Alderman Ronald L. Nichols
Alderman James Robinson
Alderman Mike Boland
Alderman Appointee Charles Gatton
City Attorney Lionel Lucchesi
City Administrator Robert Kuntz

The Pledge of Allegiance was given.

The Minutes of the July 23, 2001 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Nichols and seconded by Alderman Easter to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the August 13, 2001 Work Session were submitted for approval. Mayor Jones noted that on Page 6 under 2001 Ballwin Days Festival, the text should be amended as follows: Remove the sentence "The Committee refused to cancel the event." A motion was made by Alderman Nichols and seconded by Alderman Buermann to approve the Minutes as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Oath of Office was administered to Charles Gatton as Alderman in Ward 4, replacing Stan Huddleston, who resigned due to employment relocation to another state.

A Second Roll Call was taken with all of the above present.

CITIZEN COMMENTS

Mayor Jones asked for citizen comments. There were none.

PUBLIC HEARINGS

Mayor Jones stated that there were no public hearings.

LEGISLATION

A motion was made by Alderman Nichols and seconded by Alderman Easter for a first reading of Bill No. 3111. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3111 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Easter for a second reading of Bill No. 3111. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3111 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3111 with the following results: Ayes – McDowell, Easter, Nichols, Suozzi, Robinson. Gatton, Buermann, Boland . Nays – None. Whereupon Mayor Jones declared Bill No. 3111 approved and it became Ordinance No. 01-52.

BILL # 3112

- AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO O’CHARLEY’S INC., FOR USE OF CERTAIN PROPERTY COMMONLY KNOWN AS 14870 MANCHESTER ROAD, FOR A RESTAURANT WITH CARRYOUT AND ALCOHOL SALES BY THE DRINK.

A motion was made by Alderman Easter and seconded by Alderman Buermann for a first reading of Bill No. 3112. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3112 was read for the first time.

Alderman Buermann suggested that the location of the proposed transformer in the island be reviewed, because it is close to the dumpster.

A motion was made by Alderman Boland and seconded by Alderman Buermann for a second reading of Bill No. 3112. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3112 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3112 with the following results: Ayes – Easter, Nichols, McDowell, Suozzi, Boland, Buermann, Robinson, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3112 approved and it became Ordinance No. 01-53.

BILL # 3113

- AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO BALLS-N-STRIKES L.L.C., FOR THE USE OF CERTAIN PROPERTY COMMONLY KNOWN AS 203 RAMSEY LANE, FOR BATTING CAGES.

A motion was made by Alderman Suozzi and seconded by Alderman Robinson for a first reading of Bill No. 3113. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3113 was read for the first time.

Alderman Easter suggested amending the first Whereas paragraph on page 1 to say "indoor" batting cages.

Alderman Boland asked what the hours of operation would be. Aaron Jaworuski said the hours would be 3 – 10 p.m. daily, and 9 a.m. – 6 p.m. weekends.

A motion was made by Alderman Nichols and seconded by Alderman Gatton for a second reading of Bill No. 3113, as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3113 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3113 with the following results: Ayes – Boland, Suozzi, Easter, Gatton, McDowell, Buermann, Robinson, Nichols. Nays – None. Whereupon Mayor Jones declared Bill No. 3113 approved and it became Ordinance No. 01-54.

BILL # 3114

- AN ORDINANCE AMENDING VARIOUS PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN DEALING WITH ACCESSORY STRUCTURES AND THE OUTDOOR STORAGE OF EQUIPMENT IN RESIDENTIAL ZONING DISTRICTS IN THE CITY OF BALLWIN.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3114. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3114 was read for the first time.

A motion was made by Alderman Easter and seconded by Alderman Buermann for a second reading of Bill No. 3114. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3114 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3114 with the following results: Ayes – Gatton, Suozzi, Nichols, Boland, McDowell, Buermann, Easter. Nays – Robinson. Whereupon Mayor Jones declared Bill No. 3114 approved and it became Ordinance No. 01-55.

CONSENT ITEMS

DUI / WINDOW TINTING
FIRE HYDRANTS
J. B. AUTOMOTIVE RIGHT-OF-WAY AGREEMENT

A motion was made

REPORT OF THE MAYOR

PLANNING & ZONING COMMISSION VACANCY

A motion was made

WARD BOUNDARIES

Alderman Nichols said that the Ward Boundary Committee recommended doing away with the use of Manchester Road as a major ward boundary, and this plan reflects that position. Alderman Boland said the committee considered four different ward plans before agreeing on this one.

A motion was made by Alderman Nichols and seconded by Alderman Buermann for the City Attorney to prepare legislation to adopt the ward plan described by Assistant City Administrator Aiken. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

PAULDING DRIVE

REPORT OF THE CITY ADMINISTRATOR

AMEREN/UE

Alderman Boland asked if this can be a non-exclusive agreement. City Attorney Lucchesi said this idea can be evaluated.

Alderman Nichols suggested submitting a non-exclusive offer and contacting the Public Service Commission to see if the 10% charge is acceptable within the tariff plan. He also explained that if Ameren gives Ballwin a 10 year franchise agreement, other cities are going to want the same.

Mayor Jones asked if the Board is comfortable with a 20-year non-exclusive provision and checking with the PSC about the interpretation of the law. The Board agreed. Alderman Nichols also suggested our letter should express that in the spirit of good faith and continuing negotiations, Ameren should not adhere to the September 1 deadline.

RIES COURT

VACATION AND HEALTH INSURANCE

HEALTH INSURANCE

Alderman McDowell asked City Administrator Kuntz why he is suggesting this change. City Administrator Kuntz said the City pays a portion of the employees’ cost for this benefit. If that person is not enrolled, that’s a city expense that would not be incurred.

Alderman Nichols said the City should move very cautiously on this so that nothing is being done to the detriment of the employees. Alderman Easter agreed.

VACATION ACCRUAL:

Alderman Buermann said people need time off from the job to rejuvenate and should use their vacation.

Alderman Nichols said this makes Ballwin’s vacation carry over competitive with what other business are doing in today’s environment. As years of service increase, vacation days increase, proportionately, an employee’s carry over should be extended by a limited amount.

A motion was made

PICKETING AND PROTESTING

City Administrator Kuntz explained that there is a policy in place regarding picketing or protesting issues during the Ballwin Days event. He recommended there be an ordinance setting guidelines for picketing or protesting at City facilities.

A motion was made

POLICY MANUAL CHANGE

Alderman Boland said the "Recreational Facilities – Use Of" policy, Item 1, paragraph is not accurate. The words "holding office prior to August 12, 1996" were to be removed. The Board agreed.

ALDERMANIC COMMENTS

Alderman Easter suggested a Public Health and Safety Committee meeting be held on September 10, at 6:15 p.m., regarding motorized scooters and where they can and cannot be used.

A motion was made by Alderman Nichols and seconded by Alderman Easter to adjourn. The motion passed unanimously and the meeting was adjourned at 8:23 p.m.
MC

 

by Alderman Nichols and seconded by Alderman Robinson to draft an ordinance in this regard. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. by Alderman Robinson and seconded by Alderman Gatton to prepare legislation amending the personnel rules to expand the carry over of vacation days from 10 to 15 days for those employees who earn 15 days of vacation or more. Employees earning 10 vacation days will still be eligible to carry over 10. A voice vote was taken with a unanimous affirmative vote and the motion was declared passed.Alderman Gatton said he has no problem with carrying over one year’s vacation earnings, which is typical. City Administrator Kuntz said extending the number of carry over days will not cost the City additional dollars.: City Administrator Kuntz suggested offering a cash incentive to employees who could be covered on an alternative health insurance program such as a spouse’s insurance. Alderman Easter said employees would have to be very careful in doing this because it could get complicated. Some spouses employers require the wife’s place of employment to be the main coverage of that employee, and the husband’s insurance plan would be the secondary coverage. Alderman Robinson said it is his experience that people always double up on coverage if they can, but it’s worth considering if it can save the City some money. City Administrator Kuntz said this would be considered taxable income for an employee electing to do this.City Administrator Kuntz complimented City Engineer Gary Kramer for his tenacity, patience, and persistence in getting this project taken care of.City Administrator Kuntz said that he and City Attorney Lucchesi have had meetings with representatives from Ameren/UE. He said it’s Ameren’s bottom line that unless the City of Ballwin enters into a 20-year franchise agreement, there will be a 10% surcharge imposed. This would be about $30,000/year in additional cost. Additionally, Ameren is also unwilling to accept a liability contingency clause.Mayor Jones asked if Paulding Drive would or could be retained as an access to the Government Center. City Administrator Kuntz said the plan is to keep Paulding Drive as an access to the Government Center, recognizing the fact that Mr. Paulding was the first Parks Commissioner.Assistant City Administrator Aiken briefly presented the ward plan. by Alderman Boland and seconded by Alderman Gatton to approve this recommended appointment. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.Mayor Jones recommended the appointment of Ray Lembke, 423 Gillham, to this commission, filling the vacancy of Charles Gatton, who is now a Ballwin Alderman. by Alderman Nichols and seconded by Alderman Robinson to approve the consent items. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

 

BILL # 3111

- AN ORDINANCE OF THE CITY OF BALLWIN, MISSOURI, TO READOPT ORDINANCE No. 00-40, WHICH ESTABLISHED A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTEREST FOR CERTAIN MUNICIPAL OFFICIALS.