Board of Aldermen Meeting

Meeting Agenda

Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN - 300 PARK DRIVE
OCTOBER 23, 2000

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The meeting was called to order by Mayor Jones at 7:07 p.m.

PRESENT	ABSENT
Mayor Robert E. Jones Alderman Kay Easter Alderman Kenneth W. Buermann Alderman Jane Suozzi Alderman James Robinson Alderman Stan Huddleston Alderman Mike Boland City Attorney Lionel Lucchesi  City Administrator Robert Kuntz	Alderman Terry Byatt Alderman Ronald L. Nichols

   
The Pledge of Allegiance was given.

The Minutes of the September 11, 2000 Finance and Administration Committee meeting were submitted for acceptance. A motion was made by Alderman Buermann and seconded by Alderman Suozzi to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the September 25, 2000 Public Works Committee meeting were submitted for acceptance. A motion was made by Alderman Suozzi and seconded by Alderman Boland to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the October 9, 2000 Board aldermen meeting were submitted for approval. A motion was made by Alderman Buermann and seconded by Alderman Robinson to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

RED RIBBON WEEK PROCLAMATION
Sgt. Kevin Scott gave a brief history of Red Ribbon week (October 23 - 27), and presented the proclamation.

CITIZEN COMMENTS
Lynn Goetz, 14706 Clayton Road: Mr. Goetz asked what the average claim and the largest claim has been on the sewer lateral repairs program began. City Administrator Kuntz explained that the proposed legislation is to cap all future claims at $3,000. He said there was one claim in excess of $18,000 because of the length of the sewer lateral that had to be replaced. There were 52 claims processed this year. The average claim will be in the vicinity of $3,000.

Peggy Duenke, 267 Geremma Drive: Mrs. Duenke announced that the 50th Anniversary Committee will be burying a time capsule and asked the Board of Aldermen to give something to be put in the capsule. The closing ceremonies will be December 29, 2000, at The Pointe. She also announced that the Christmas lighting contest will be judged on December 14. She asked if the request for the City to sell a piece of property to the Masonic Temple has been acted on. Mayor Jones said it has not been formally discussed because this should be reviewed for closed session. There were 2 representatives from the Masonic Temple at the Budget Workshop who expressed the Temple's desire to acquire this site. She said that she would like for the City to hold on to any property that the City owns at this point.

Glen Birdhaus, College Student working on a masters degree in Public Administration: He said the Ballwin website is very good. He asked what Ballwin's Class 4 designation means. City Attorney Lucchesi explained that state statutes establish several by classes of municipalities, one of which is 4th class cities. City Administrator Kuntz said a 4h class city can do only what the State of Missouri statutes allows it to do. There are also 3dclass cities, I" class cities, and chartered cities. A chartered city has a lot more local authority with input from the local residents. As long as it's not expressly prohibited by State law, it can be included in the charter form of government. As a 4th class city, Ballwin can only do that which the State of Missouri, by statute, enables us to do. Ballwin does not have home rule. Chapter 79 of the Revised Statutes of Missouri is the 4h class city statute.

PUBLIC HEARINGS
None

LEGISLATION
Copies of all bills were available at the Government Center and Board Room lobby for public inspection prior to enactment.

BILL NO. 3047- AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING CERTAIN GUIDELINES ESTABLISHED FOR SEWER LATERAL REPAIRS.

A motion was made by Alderman Robinson and seconded by Alderman Boland for a first reading of Bill No. 3047. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3047 was read for the first time.

City Administrator Kuntz said the average in other cities is around the $3,000 range. Alderman Huddleston said that on the large repairs this year, much of the cost was for repair of the street. Now the street repairs are being paid for out of the slab replacement maintenance fund.

A motion was made by Alderman Easter and seconded by Alderman Buermann for a second reading of Bill No. 3047. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3047 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3047 with the following results: Ayes - Suozzi, Buermann, Boland, Robinson, Huddleston, Easter. Nays - None. Whereupon Mayor Jones declared Bill No.3047 approved and it became Ordinance No. 00-54.

BILL NO. 3048- AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING CERTAIN USER FEES AND PROVIDING FOR SCHOOL GROUP RENTAL FEES.

A motion was made by Alderman Buermann and seconded by Alderman Boland for a first reading of Bill No. 3048. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3048 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. 3048. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3048 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3048 with the following results: Ayes - Easter, Buermann, Suozzi, Robinson, Boland, Huddleston. Nays - None. Whereupon Mayor Jones declared Bill No.3048 approved and it became Ordinance No. 00-55.

BILL NO. 3049 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR PARC FORREST SUBDIVISION, AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Buermann and seconded by Alderman Robinson for a first reading of Bill No. 3049. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3049 was read for the first time.

Mayor Jones said this petition was considered by the Planning and Zoning Commission at its meeting on October 2. The Commission voted unanimously to recommend approval of this subdivision.

A motion was made by Alderman Boland and seconded by Alderman Robinson for a second reading of Bill No. 3049. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3049 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3049 with the following results: Ayes - Huddleston, Robinson, Boland, Easter, Buermann, Suozzi. Nays - None. Whereupon Mayor Jones declared Bill No.3049 approved and it became Ordinance No. 00-56.

BILL NO. 3050 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO MS. GUILLERMINA LARA D/B/A LARA RESTAURANT, FOR A RESTAURANT WITH CARRY OUT, SALE OF ALCOHOL BY THE DRINK, AND LIVE ENTERTAINMENT.

A motion was made by Alderman Boland and seconded by Alderman Easter for a first reading of Bill No. 3050. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3050 was read for the first time.

Mayor Jones said Us petition was considered at the October 2 meeting of the Planning and Zoning Commission. The Commission voted by a majority vote to recommend approval of this S.U.E. with the following provisions: that the seating be limited to 24, that the dumpster have adequate screening, and that the live entertainment would be inside with no outside speakers.

Alderman Boland asked if the parking lot will be too crowded. Mayor Jones said at certain times, this parking lot is fully taxed. There are sufficient parking spaces to assign per unit. Ms. Lara was asked by Alderman Boland if she had any objections to limiting her seating to only 24? James Fisher, an attorney for Ms. Lara, spoke on her behalf. He said Ms. Lara was wondering if it is possible to withdraw the petition, since the relationship with the landlord has soured. The landlord doesn't want to allow them to use the property in the way they would like to use it. Also, is it possible to be refunded the petition fee? If not, they would like to use it as a deposit on looking for another location in Ballwin. Mayor Jones said the fee could not be refunded and the staff time and public advertising that is already committed prevents the fee from being applied to another site.

Alderman Buermann asked what the hours of operation will be? Ms. Lara said 7:00 a.m. - 8:00 p.m.

Mayor Jones said that in order to approve this special use exception petition, the Board must determine that it 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 proposal is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted development of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

A motion was made by Alderman Robinson and seconded by Alderman Boland for a second reading of Bill No. 3050. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3050 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3050 with the following results: Ayes - Robinson, Boland, Buermann, Suozzi, Easter, Huddleston. Nays - None. Whereupon . Mayor Jones declared Bill No.3050 approved and it became Ordinance No. 00-57.

BILL NO. 3051 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO DANIEL J. MOYLAN DIBIA LOWE'S HOME CENTERS, INC., FOR RENTAL AND ASSOCIATED OUTDOOR STORAGE OF MOTOR VEHICLES AND TRAILERS.

Mayor Jones pointed out that there are three places in this document referring to Daniel J. Moylan D/B/A Lowe's Home Centers, Inc. This individual probably does not do business as a corporation, and the S.U.E. should not be granted to the individual. City Attorney Lucchesi said in the past it was the Board's preference to grant S.U.E.s to individuals. Prior Boards always wanted a name of a person. Mayor Jones suggested it be granted to Lowe's instead of the individual. Bill No. 3051 will be amended to remove Daniel J. Moylan from the Special Use Exception.

A motion was made by Alderman Boland and seconded by Alderman Huddleston for a first reading of Bill No. 3051, as amended. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3051 was read for the first time.

AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO LOWE'S HOME CENTERS, INC., FOR RENTAL AND ASSOCIATED OUTDOOR STORAGE OF MOTOR VEHICLES AND TRAILERS.

Mayor Jones said this matter was considered by the Planning and Zoning Commission on October 2. The Commission voted by majority to recommend approval with the provision that Lowe's designate no more than five parking spaces in one or the other of two locations shown on the site plan: parking directly in front of the store closest to the store for up to three rental trucks.

Alderman Buermann asked if the trucks could be parked in the back after store hours when not in use.

Mayor Jones said that in order to approve this special use exception petition, the Board must determine that the it 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 proposal is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted development of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

Alderman Suozzi asked if there will be any signage around the trucks. There will be no signs.

A motion was made by Alderman Boland and seconded by Alden-nan Buermann for a second reading of Bill No. 3051. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3051 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3051 with the following results: Ayes - Suozzi, Huddleston, Boland. Nays - Buermann, Easter, Robinson. Mayor Jones cast his tie- breaking vote in favor. Mayor Jones declared Bill No.3051 failed even with the 4-3 affirmative vote because state law requires that a majority of the entire board (5 members) is necessary to pass legislation.

CONSENT ITEMS

GOVERNMENT CENTER HVAC:

A motion was made by Alderman Robinson and seconded by Alderman Huddleston to approve the Consent Items. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

REPORT OF THE MAYOR

Ballwin Days 2000: Mayor Jones said the City of Ballwin is solidly behind Ballwin Days and intends to continue to be the sponsoring organization for the festival. He asked for a motion that the Board is fully in support of Ballwin Days in 2001. It will be up to the committee to
determine how and if the new connector road is going to affect the way the festival will be put on in 2001 when it is under construction and in subsequent years when the road is open.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to support Ballwin Days 2001. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

MSD Charter: Mayor Jones said the Board has been asked to support, via resolution, the proposed MSD Charter changes. He said he is in favor of having a strong Metropolitan St. Louis Sewer District because it contributes to the quality of life in this community. He asked if the Board is interested in adopting a resolution supporting or encouraging the approval of the Propositions 1, 2, and 3 in support of the MSD plan changes. This is a no-tax increase.

A motion was made by Alderman Boland and seconded by Alderman Easter to authorize a resolution supporting and encouraging approval of MSD Propositions 1, 2, 3, and 4 on the November 7, 2000 ballot. A voice vote was taken with an affirmative result, and the motion was declared passed.

REPORT OF THE CITY ADMINISTRATOR

Crestland Parking Restrictions: City Administrator Kuntz said the Police Department has recommended extending the no-parking zone along Crestland. If the Board agrees, legislation will need to be prepared for the next meeting.

A motion was made by Alderman Suozzi and seconded by Alderman Huddleston to for City Attorney Lucchesi to draft legislation regarding restricted parking on Crestland. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Remington Place: City Administrator Kuntz said this issue is in regards to the elimination of the cul-de-sac circle wings at the end of Madrina Ct. where it will connect to Remington Place Subdivision. 'fhe developer doesn't want to do this work, but it was required as a condition of the subdivision approval. The abutting 4 homeowners have signed letters in agreement with the developer. Alderman Boland said the City should stick with the plan. The Board agreed.

City Functions: City Administrator Kuntz suggested eliminating the employee picnic from the Policy Manual and substituting an Employee Appreciation Cookout. Business Appreciation Day this year is to specifically invite the business community to the 50'b Anniversary closing event at The Pointe. Mr. Kuntz suggested that in the future, the only invitees should be businesses with current licenses, Board, Senior Staff and anyone else deemed appropriate by the Mayor and Board of Aldermen. The Board was in agreement. Mr. Kuntz asked if the Holiday Party is an employee party or for anyone associated with the City. Alderman Easter said this should be an employee holiday party. Mayor Jones said he doesn't want to slight anyone who volunteers their time to serve on one of the commissions.

A motion was made by Alderman Easter and seconded by Alderman Robinson that the Holiday Party be for paid city employees (full time and year round part-time) including the Board of Aldermen and Mayor. A voice vote was taken with 5 Ayes and I Nay. The motion was declared passed.

City Administrator Kuntz said that on November 13 at 5:00 p.m., the operating budget will be presented. The operating budget is less controversial than the capital budget because it doesn't have a lot of new things.

ALDERMANIC COMMENTS

Alderman Suozzi said the Parks Advisory Committee has been diligently meeting due to the time constraint to have its report to the Board in the form of a recommendation. They asked that their report be Oowed to be given directly to the Board of Aldermen rather than to the Parks and Rec Committee. They are not yet finished with their recommendation and hope to have something finalized before the next Board meeting. The Board agreed to accept the report.

A motion was made by Alderman Easter and seconded by Alderman Buermann to adjourn. The motion passed unanimously. The meeting was adjourned at 8:25 p.m.
MC