Judith Barnes, 420 Norman Gate Drive, Park Huntington Subdivision

Mayor Jones said he understands the poor condition of the streets. The Board and staff are looking for the best way to make the repairs.

None.

LEGISLATION

A motion was made by Alderman Nichols and seconded by Alderman Buermann for a first reading of Bill No. 3076. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3076 was read for the first time.

Mayor Jones said this matter was considered on March 5, 2001 by the Planning and Zoning Commission. The Commission voted unanimously to recommend approval of SUB 00-8 (Bill 3076).

A motion was made by Alderman Easter and seconded by Alderman Byatt for a second reading of Bill No. 3076. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3076 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3076 with the following results: Ayes – Robinson, Huddleston, Easter, Byatt, Buermann, Boland, Nichols, Suozzi . Nays – None. Whereupon Mayor Jones declared Bill No. 3076 approved and it became Ordinance No. 01-20.

A motion was made by Alderman Byatt and seconded by Alderman Buermann for a first reading of Bill No. 3077. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3077 was read for the first time.

Mayor Jones said this matter was considered on March 5, 2001 by the Planning and Zoning Commission, following a Public Hearing. The Commission voted unanimously to recommend approval of SUB 00-10 (Bill 3077).

Alderman Byatt asked about the acquisition of the Georgia Carpet Outlet property and the need to extend the sidewalk all the way to the traffic signal in front of Value City. The petitioner agreed to this, as well as putting a sidewalk in front of Triple H Farms plaza.

Alderman Boland asked if Ballwin Centre Plaza would be torn down. The petitioner said yes, but Triple H Farms Plaza will stay. Alderman Boland asked about the grading that would be done on the site. The petitioner said that fill will have to be added to the site. The auto dealership building is a two-level structure with the service areas on the lower level. The site will have about a 5% grade. Alderman Boland asked if one owner will own both the auto dealership, car wash, and auto repair. The petitioner said no. The car wash will be owned by International Exchange Corp. and the auto body and paint shop is expected to be transferred to an as-yet-undetermined operator.

Alderman Huddleston asked if this will eliminate the private road next to the Chrysler dealership. Assistant City Administrator Aiken said that it would. Alderman Boland asked about the number of curb cuts. Mr. Aiken said this area from Value City to Chrysler Plymouth West will go from 5 to 2. The petitioner said the transport trucks will not have to park on Manchester Road to unload. There’s a 30-foot wide drive to accommodate the trucks on site.

Alderman Byatt asked if there is a cross-access easement to the west. The petitioner said there is and it will be marked on the subdivision plat. Alderman Huddleston said there is a proposed Lot 5 on the plan and asked if that is for future building or car storage. The petitioner said that’s where the auto dealership will store its inventory, cars for service, and employee vehicles.

A motion was made by Alderman Buermann and seconded by Alderman Huddleston for a second reading of Bill No. 3077. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3077 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3077 with the following results: Ayes – Buermann, Huddleston, Easter, Boland, Nichols, Robinson, Byatt, Suozzi. Nays – None. Whereupon Mayor Jones declared Bill No. 3077 approved and it became Ordinance No. 01-21.

A motion was made by Alderman Robinson and seconded by Alderman Easter for a first reading of Bill No. 3078. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3078 was read for the first time.

Mayor Jones said this item came before the Planning and Zoning Commission on March 5, 2001. The Commission voted unanimously to recommend approval, subject to the following conditions: All staff recommendations in the staff reports be incorporated into the final design, that a cross-access easement with West County Chrysler Plymouth be granted by the petitioner, that the storm sewer connection with the City of Winchester be completed, and a 6-foot sidewalk be constructed across the entire property including the Triple H Farms property along Manchester Road.

Alderman Byatt said Item 19 in the Exhibit said it doesn’t describe the entire property. She said the last sentence should read "constructed continuously along Manchester Road from the west property line to the traffic signal at the Value City entrance."

A motion was made by Alderman Nichols and seconded by Alderman Buermann for a second reading of Bill No. 3078. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3078 was read for the second time.

Mayor Jones said in order for the Board to find in favor of the petitioner, it must find that the petition will not substantially increase traffic hazards or congestion, will not adversely affect the character of the neighborhood, will not adversely affect the general welfare of the community, will not over-tax public utilities, will not adversely affect public safety and health, and that the petition is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted developments and uses of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

A roll call was taken for passage and approval of Bill No. 3078 with the following results: Ayes – Robinson, Nichols, Easter, Boland, Huddleston, Byatt, Buermann, Suozzi . Nays – None. Whereupon Mayor Jones declared Bill No. 3078 approved and it became Ordinance No. 01-22.

A motion was made by Alderman Byatt and seconded by Alderman Buermann for a first reading of Bill No. 3079. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3079 was read for the first time.

Mayor Jones said this item was on the Planning and Zoning Commission meeting on March 5, 2001. The Commission voted unanimously to recommend approval, subject to the following conditions: All recommendations in the staff reports be incorporated into the final design, that a cross-access easement with West County Chrysler Plymouth be granted by the petitioner, that the storm sewer connection with the City of Winchester be completed, and a 6-foot sidewalk be constructed across the entire property including the Triple H Farms property along Manchester Road.

Alderman Byatt said Item 19 in the Exhibit said it doesn’t describe the entire property. She said the last sentence should read "constructed continuously along Manchester Road from the west property line to the traffic signal at the Value City entrance."

Alderman Boland asked if the car wash ownership is related to Wolf Automotive. The petitioner said no, it will be independently owned.

A motion was made by Alderman Huddleston and seconded by Alderman Buermann for a second reading of Bill No. 3079. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3079 was read for the second time.

Mayor Jones said in order to grant this special use exception, this Board must find that the petition will not substantially increase traffic hazards or congestion, will not adversely affect the character of the neighborhood, will not adversely affect the general welfare of the community, will not over-tax public utilities, will not adversely affect public safety and health, and that the petition is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted developments and uses of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

A roll call was taken for passage and approval of Bill No. 3079 with the following results: Ayes – Suozzi, Robinson, Easter, Huddleston, Nichols, Boland, Buermann, Byatt. Nays – None. Whereupon Mayor Jones declared Bill No. 3079 approved and it became Ordinance No. 01-23.

A motion was made by Alderman Suozzi and seconded by Alderman Byatt for a first reading of Bill No. 3080. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3080 was read for the first time.

Mayor Jones said this item came before the Planning and Zoning Commission on March 5, 2001. It was unanimously recommended for approval, subject to the following conditions: All recommendations in the staff reports be incorporated into the final design, that a cross-access easement with West County Chrysler Plymouth be granted by the petitioner, that the storm sewer connection with the City of Winchester be completed, and a 6-foot sidewalk be constructed across the entire property including the Triple H Farms property along Manchester Road.

Alderman Byatt said that this bill should be amended in Item 17 of the Exhibit, the cross-access easement going to the east and west, and Item 19, the sidewalk should run continuously along Manchester Road from the west property line to the traffic signal at the entrance to Value City.

A motion was made by Alderman Byatt and seconded by Alderman Easter for a second reading of Bill No. 3080. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3080 was read for the second time.

Mayor Jones said in order to grant this special use exception, this Board must find that the petition will not substantially increase traffic hazards or congestion, will not adversely affect the character of the neighborhood, will not adversely affect the general welfare of the community, will not over-tax public utilities, will not adversely affect public safety and health, and that the petition is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted developments and uses of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

A roll call was taken for passage and approval of Bill No. 3080 with the following results: Ayes – Boland, Byatt, Suozzi, Robinson, Huddleston, Easter, Buermann, Nichols . Nays – None. Whereupon Mayor Jones declared Bill No. 3080 approved and it became Ordinance No. 01-24.

A motion was made by Alderman Nichols and seconded by Alderman Byatt for a first reading of Bill No. 3081. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3081 was read for the first time.

City Administrator Kuntz said the petitioners have a concern about the landscape condition that the Planning and Zoning Commission imposed on the approval. Mayor Jones said the Planning and Zoning Commission voted unanimously to recommend approval with provisions that the sidewalks along Manchester Road and Coral Terrace be built in conformity with the C-1 District regulations and that the green space and landscaping meet the code, and that the petitioner address the issue of retaining water on the property.

Patrick Dean, of Dick Dean Economy Cars, Inc., asked for relief from the minimum green space requirements of the C-1 District. He wants to substitute a fence for the required 22 feet of rear yard and 10 feet front yard green spaces. He said he will be able to park four rows of cars, but with the landscaping, he will only be able to park two rows of cars. In that case, he said he won’t be interested in the property. City Attorney Lucchesi said the Board cannot grant a variance. Such an appeal must go to the Board of Adjustment.

Mr. Dean said there will be no service work on this site. It will be used to wash and prepare used cars. Alderman Buermann asked if the Coral Terrace curb cut can be designed to prohibit right turns onto Coral Terrace. Mr. Dean said it has been discussed to put a no-right turn sign at this location. Alderman Buermann said a sign would be good, but unless there is a police officer there, a sign won’t do a lot of good. Mr. Dean said the curb cut is as far back as possible from Manchester Road. Customers will come to the main location and sales people will walk people to the lot. There will be seven spaces for customer parking, but most of the customers will park at the main location. There will be two sales people at the lot.

Alderman Nichols said if the Board approves this petition at this meeting, Mr. Dean could then go to the Board of Adjustment with his variance request. If the Board of Adjustment doesn’t grant the variance, Mr. Dean can then choose whether or not to go forward with this plan or modify it and start the process over again. Alderman Nichols said this process should start with the Board acting on this petition and the petitioner then deciding if it wishes to seek the variance from the Board of Adjustment.

A motion was made by Alderman Byatt and seconded by Alderman Buermann for a second reading of Bill No. 3081, as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3081 was read for the second time.

Mayor Jones said in order to grant this special use exception, this Board must find that the petition will not substantially increase traffic hazards or congestion, will not adversely affect the character of the neighborhood, will not adversely affect the general welfare of the community, will not over-tax public utilities, will not adversely affect public safety and health, and that the petition is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted developments and uses of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

A roll call was taken for passage and approval of Bill No. 3081 with the following results: Ayes – Robinson, Easter, Boland, Buermann, Suozzi, Byatt, Huddleston, Nichols. Nays – None. Whereupon Mayor Jones declared Bill No. 3081 approved and it became Ordinance No. 01-25.

A motion was made by Alderman Boland and seconded by Alderman Easter for a first reading of Bill No. 3082. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3082 was read for the first time.

Mayor Jones said this item was considered by the Planning and Zoning Commission on March 5 and the Commission voted unanimously to recommend approval, with the provisions that the site plan meet the recommendations of the staff report, dated January 30, 2001.

A motion was made by Alderman Robinson and seconded by Alderman Easter for a second reading of Bill No. 3082. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3082 was read for the second time.

Mayor Jones said in order to grant this special use exception, this Board must find that the petition will not substantially increase traffic hazards or congestion, will not adversely affect the character of the neighborhood, will not adversely affect the general welfare of the community, will not over-tax public utilities, will not adversely affect public safety and health, and that the petition is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted developments and uses of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

A roll call was taken for passage and approval of Bill No. 3082 with the following results: Ayes – Buermann, Easter, Robinson, Nichols, Huddleston, Byatt, Suozzi, Boland . Nays – None. Whereupon Mayor Jones declared Bill No. 3082 approved and it became Ordinance No. 01-26.

A motion was made by Alderman Robinson and seconded by Alderman Boland for a first reading of Bill No. 3083. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3083 was read for the first time.

A motion was made by Alderman Easter and seconded by Alderman Byatt for a second reading of Bill No. 3083. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3083 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3083 with the following results: Ayes – Byatt, Huddleston, Boland, Nichols, Robinson, Easter, Suozzi, Buermann . Nays – None. Whereupon Mayor Jones declared Bill No. 3083 approved and it became Ordinance No. 01-27.

BILL # 3084 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO RICHARD SELLENRIEK FOR FRONT YARD PARKING, MOTOR VEHICLE REPAIR, OUTDOOR SALE, DISPLAY AND STORAGE OF GARDENING SUPPLIES.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3084. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3084 was read for the first time.

Mayor Jones said this item was considered by the Planning and Zoning Commission on March 5, 2001. There was a Public Hearing before the Planning and Zoning Commission. The Commission voted by a majority to recommend approval of S.U.E. 01-4 with the stipulation that the display area be expanded to 20 feet deep from the building toward Manchester Road, by 14 feet long as measured from the southeast corner of the building with no limit on time or the number of displays.

Alderman Huddleston asked if this replaces the earlier Special Use Exception. City Attorney Lucchesi said this is an amendment that extends the area for the display of lawn mowing / turf maintenance equipment. Alderman Boland asked the reason for doing this. Mr. Sellenriek said more room is needed to display more equipment to increase sales.

Alderman Boland asked how much of the business is the sale of lawn mowers and turf maintenance and what is gained from this. Mr. Sellenriek said he is gaining room to park 6 pieces of equipment. Alderman Byatt asked if this will set a precedent for other businesses who want to build a pad to set items out front. City Administrator Kuntz said not necessarily. Every request is on the merits of the findings of the Special Use Exception. If visibility, safety, or other issues are not satisfactory, it will be rejected on a case-by-case basis.

A motion was made by Alderman Nichols and seconded by Alderman Easter for a second reading of Bill No. 3084. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3084 was read for the second time.

Mayor Jones said that because this is an amendment to a Special Use Exception, the Board must find that the petition will not substantially increase traffic hazards or congestion, will not adversely affect the character of the neighborhood, will not adversely affect the general welfare of the community, will not over-tax public utilities, will not adversely affect public safety and health, and that the petition is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted developments and uses of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

A roll call was taken for passage and approval of Bill No. 3084 with the following results: Ayes – Buermann, Huddleston, Byatt, Nichols, Easter . Nays – Suozzi, Robinson, Boland. Whereupon Mayor Jones declared Bill No. 3084 approved by a vote of 5-3 and became Ordinance No. 01-28.

A motion was made by Alderman Suozzi and seconded by Alderman Byatt for a first reading of Bill No. 3085. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3085 was read for the first time.

Mayor Jones said this item came before the Planning and Zoning Commission on March 5, 2001. The Commission voted by majority to recommend approval of the final site development plan with the provision that a six-foot tall privacy fence be erected along the west property line.

Alderman Huddleston raised the question of the bond for storm water damage to adjoining properties due to the project. City Administrator Kuntz said when the permit is issued, it would be a separate escrow requirement and will be for one year following the issuance of the first occupancy permit.

A motion was made by Alderman Byatt and seconded by Alderman Nichols for a second reading of Bill No. 3085. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3085 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3085 with the following results: Ayes – Byatt, Easter, Boland, Huddleston, Robinson, Suozzi, Nichols. Nays – Buermann, . Whereupon Mayor Jones declared Bill No. 3085 approved by a vote of 7-1 and became Ordinance No. 01-29.

A motion was made by Alderman Boland and seconded by Alderman Byatt for a first reading of Bill No. 3086. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3086 was read for the first time.

A motion was made by Alderman Byatt and seconded by Alderman Buermann for a second reading of Bill No. 3086. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3086 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3086 with the following results: Ayes – Huddleston, Easter, Byatt, Boland, Robinson, Buermann, Suozzi, Nichols . Nays – None. Whereupon Mayor Jones declared Bill No. 3086 approved and it became Ordinance No. 01-30.

Alderman Boland suggested the City communicate to McBride regarding Castle Pines, that we are working with them on this subdivision.

None.

Mayor Jones said St. Louis County passed a Parks and Recreation sales tax similar to the one on the Ballwin April 3 ballot. As part of the legislation, enabling the regional Parks tax, the various council districts are to select a commissioner to serve on the grant commission that determines how the St. Louis County Parks and Recreation fund is spent and to develop a policy for implementation. No city official can serve and Parks and Recreation Directors cannot serve. Mayor Jones said he has recommended Alderman Terry Byatt, who is retiring from the Board of Aldermen. The enabling legislation only allows the Mayor or the President of the Board of Aldermen to vote for the selection of the commission members. Alderman Nichols is president of the Board of Aldermen and will be out of town on that date. He asked for a motion to appoint Alderman Easter as the acting President of the Board of Aldermen until the next regularly scheduled meeting of the Board so that she can vote. She is willing to do this.

The motion was made by Alderman Buermann and seconded by Alderman Boland to appoint Alderman Easter as President of the Board of Aldermen until the next scheduled Board of Aldermen meeting, to enable her to vote for the members of the Grant Commission. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

BILL # 3076 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A RE-SUBDIVISION PLAT FOR LOT 107 OF DEER CREEK RIDGE SUBDIVISION (422 GILLHAM CT.), AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.