Board of Aldermen Meeting Agendas & Minutes

 

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 Meeting

Meeting Agenda

October 27, 2003 - 7 p.m. Board of Aldermen Meeting Agenda and Briefs

Board of Alderman Meetings are held on the 2nd and 4th Monday of the month, at 7:00 p.m., at the Donald "Red" Loehr Police & Court Center, located at 300 Park Drive in Vlasis Park.

2004 Capital Budget Workshop

The Ballwin Board of Aldermen will meet in a workshop session at 5:30 p.m. on Monday, October 27, prior to the regular Board of Aldermen meeting, to discuss the Capital Budget for 2004.  This meeting will be held at the Donald “Red” Loehr Police and Court Center in the Board room at 300 Park Drive.  No official action will be taken at this meeting. 

This meeting and all other meetings are open to the public and the building is handicapped accessible.

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
October 27, 2003
The meeting was called to order by Mayor Jones at 7:08 p.m. 
             PRESENT
         ABSENT
Mayor Robert E. Jones
 
Alderman Kay Easter
 
Alderman Press McDowell
 
Alderman Kenneth W. Buermann
 
Alderman Jane Suozzi
 
Alderman James Robinson
 
Alderman Bruce Anderson
 
Alderman Charles Gatton
 
Alderman Ray Lembke
 
City Administrator Robert Kuntz
 
City Attorney Lionel Lucchesi
 
 The Pledge of Allegiance was given. 
The Minutes of the October 13, 2003 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Anderson 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. 
Special Use Exception Transfer Request of Ballwin Plaza  
Mayor Jones said this will transfer the Special Use Exception from Pace Properties to Weingarten Realty. 
A motion was made by Alderman Gatton and seconded by Alderman Lembke to approve the Special Use Exception transfer of Ballwin Plaza to Weingarten Realty. 
Mayor Jones asked the representative of Weingarten Realty, Ms. O’Donnovan, if the company is willing to build a sidewalk along the right-of-way.  Ms. O’Donnovan said she will have to consult with the company officials before she can agree to installation of a sidewalk.  She said she didn’t know that the S.U.E. transfer was contingent upon the installation of a sidewalk.  City Attorney Lucchesi said it is not contingent upon the sidewalk installation, but it would be beneficial for this to be considered.  Alderman McDowell said that the purpose of the sidewalk is to increase the aesthetics of the businesses along Manchester Road and make accessibility more pedestrian-friendly.  Alderman Robinson suggested that approval of the S.U.E. transfer request be held over until the next Board meeting.  Alderman Suozzi said the sidewalk installation is a pattern along Manchester Road where the businesses, when asked, are coming forward and making the investment. 
Alderman Buermann said efforts are underway to limit vehicular access to right-turn-in / right-turn-out only at the Schnucks entrance because this is a very dangerous traffic situation.  There have been several accidents at this location.  Ms. O’Donnovan said she met with MoDOT, and they are suggesting adding a pork chop island inside the property line to force traffic to only turn right going out and to only be able to turn right to enter at the center entrance.  This will force most of the drivers to use the traffic light to turn left.  MoDOT said the entrance at the light is wide enough to accommodate double left turn lanes exiting from the plaza.  Weingarten Realty does not want entering the plaza to be so uncomfortable or difficult that people go somewhere else.  She suggested evaluating the results of adding the right-in/right-out island.  Based on this information, the stop light exit could then be adjusted by changing the cycling of the signal and adding a double left turn exit from the plaza. 
Mayor Jones said a response in writing to Assistant City Administrator Aiken from Weingarten Realty regarding the 6-foot wide sidewalk installation will be sufficient for the Board to move forward on the issue of transferring the S.U.E. to Weingarten. 
Alderman Gatton withdrew the motion to approve the Special Use Exception transfer based on the discussion. 
CITIZEN COMMENTS 
Bernie Izsak, Nick Goldstein, owners of property at 14918 Manchester Road:  Mr. Izsak said this property is located in the TIF District.  He asked that the City rescind or disband the TIF district because of the hardship this is imposing.  He provided a letter of explanation to the Board.  Mayor Jones said this will be reviewed and discussed at the next Board meeting. 
Gene Boomer, 597 Highland Ridge Drive:  Mr. Boomer spoke in opposition to the local long distance and toll fees that Southwestern Bell charges Ballwin residents.  Since 1967, Southwestern Bell has been charging Ballwin residents over $12 per month to call Manchester, Kirkwood, DesPeres or anywhere else in the Metro area.  The company said it costs more to do business in Ballwin and they should be allowed to charge more.  He said he spoke with Mayor Jones about this and received a call-back from Mr. Kuntz and Mr. Klein.  Mr. Boomer said that the City of Ballwin is very fortunate to have Jerry Klein.  His professionalism and manner in handling problems should be applauded.  Mr. Klein contacted Mr. Sondag at Southwestern Bell, whose response was that the plan was approved by the Missouri Public Service Commission.  Mr. Boomer said it doesn’t cost more to process a call from Ballwin to Kirkwood than it does from Kirkwood to Ballwin, using the same equipment, same lines, same billing.  At the same time, SBC is offering unlimited nationwide cellular long distance for $20.  He said this is less than Ballwin residents pay for basic service plus metro calling.  The 36-year old pricing structure was authorized when Southwestern Bell had no competition, and the unfair pricing continues in Ballwin today.  Mr. Boomer asked that the Board of Aldermen take action to stop the current unfair charges by Southwestern Bell based on a 36-year old pricing structure. 
Jim Hobbs, Danbury Subdivision:  Mr. Hobbs spoke in opposition to changing the 4-way stop at Holloway/Park Drive/Stoddards Mill to a 2-way stop.  He said that approximately 10 years ago, this was a 2-way stop.  It was a problem at that time driving onto Holloway and that will be repeated again if 2 of the stop signs are removed.  There were numerous accidents before the 4-way stop was installed.  The situation will be worse now because of the population growth. 
Alderman Buermann said that former Alderman Ron Nichols was instrumental in installation of the 4-way stop so that pedestrians could safely cross Holloway to visit Vlasis Park.  Mr. Hobbs said that having a 4-way stop is safer for pedestrians than not having a stop. 
Frank Neman, owner of Frick’s Bar & Grill:  Mr. Neman spoke in opposition to increasing business license fees.  He believes that businesses should not be responsible to build sidewalks.  Sidewalks should be paid for by the government.  He said if sidewalks are needed because it is dangerous for pedestrians to walk without sidewalks, then instead of the City building a recreational park, sidewalks should have been installed to protect the children. 
PUBLIC HEARINGS
None. 
LEGISLATION 
BILL # 3262 - AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES SECTION ENTITLED DEFINITIONS AND ORDINANCE 557, THE ZONING ORDINANCE OF THE CITY OF BALLWIN, BY AMENDING SECTION 17 (3). 
A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3262.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3262 was read for the first time. 
Mayor Jones said this bill is a result of a series of five petitions that were presented by City staff to the Planning & Zoning Commission last month.  He complimented Assistant City Administrator Aiken in preparing the submissions to the Commission.  All were unanimously recommended for approval with the slight exception of Bill #3266 in which the term “accessory dwelling” was changed to “secondary dwelling”.  These bills are very well thought out and researched. 
A motion was made by Alderman Suozzi and seconded by Alderman Lembke for a second reading of Bill No. 3262.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3262 was read for the second time. 
A roll call was taken for passage and approval of Bill No. 3262 with the following results:  Ayes –Suozzi, McDowell, Anderson, Lembke, Easter, Buermann, Gatton, Robinson.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3262 approved and it became Ordinance No. 03-57. 
BILL # 3263 - AN ORDINANCE AMENDING ARTICLE XV, SECTION 1, SUBSECTION (13) OF ORDINANCE 557, "THE ZONING ORDINANCE" OF THE CITY OF BALLWIN, REGARDING THE NUMBER OF OFF-STREET PARKING SPACES REQUIRED TO BE PROVIDED FOR OFFICE USERS. 
A motion was made by Alderman Lembke and seconded by Alderman Gatton for a first reading of Bill No. 3263.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3263 was read for the first time. 
Alderman McDowell said this will increase the required parking to one space for every 250 square feet.  Assistant City Administrator Aiken explained that at the present time, for the first 1,000 square feet, 3 spaces are required, and for each 400 square feet above 1,000 square feet, one additional space is required.  Mayor Jones said that St. Louis County requires 4.5 spaces, but Ballwin’s requirements are less. 
Alderman McDowell asked if passing this bill will hinder or decrease the amount of available revenue space for an office by requiring them to have more parking.  This bill is saying that if an office building is going to be built, more of the property is going to have to be set aside for parking.  He asked if this is really necessary.  Alderman Lembke said this is necessary because the current code will not support the concentration of cars that need to park in a facility if the office is dedicated to medical usage.
A motion was made by Alderman Robinson and seconded by Alderman Gatton for a second reading of Bill No. 3263.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3263 was read for the second time. 
A roll call was taken for passage and approval of Bill No. 3263 with the following results:  Ayes –Robinson, Lembke, Anderson, Buermann, Suozzi, Gatton, Easter.    Nays – Alderman McDowell.  Whereupon Mayor Jones declared Bill No. 3263 approved and it became Ordinance No. 03-58. 
BILL # 3264 - AN ORDINANCE AMENDING ORDINANCE NO. 557,  "THE ZONING ORDINANCE" OF THE CITY OF BALLWIN, AND AMENDING "THE DISTRICT MAP" BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN LAND IN THE CITY OF BALLWIN FROM COUNTY R-1A, R-2, R-3 AND R-4 TO BALLWIN R‑3, FROM COUNTY C-2 TO BALLWIN C-1, FROM COUNTY R-2 TO BALLWIN R-4. 
A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3264.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3264 was read for the first time. 
Alderman Lembke said this bill will bring in an area mainly in Ward 4 that is currently still under     St. Louis County zoning standards back to 1987.  This will not change any requirements or cause any properties to be out of compliance.  Alderman Anderson asked why this has not already been done.  Assistant City Administrator Aiken said there was a lot of development underway in this area at the time the annexation took place.  Ballwin’s zoning works different than County zoning.  It has been the City’s policy to not change the zoning in an annoyed area until all of the development that is in progress is completed.  This avoids the confusion of changing procedural rules in the middle of the construction.  Alderman Gatton suggested that in the future the zoning hotline be set up by sign location rather than by the issue because people don’t know what the issue is when they call in but the do remember where they saw a sign. 
A motion was made by Alderman Anderson and seconded by Alderman Lembke for a second reading of Bill No. 3264.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3264 was read for the second time. 
A roll call was taken for passage and approval of Bill No. 3264 with the following results:  Ayes –Anderson, Easter, Robinson, Lembke, Buermann, Suozzi, Gatton, McDowell.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3264 approved and it became Ordinance No. 03-59. 
BILL # 3265 - AN ORDINANCE AMENDING ORDINANCE 557, THE ZONING ORDINANCE OF THE CITY OF BALLWIN, BY AMENDING ARTICLE VII THEREOF TO PROVIDE FOR PAYMENT OF A RECREATION FEE IN LIEU OF LAND DEDICATION IN THE R-4 ZONING DISTRICT IN THE CITY OF BALLWIN. 
A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3265.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3265 was read for the first time. 
Alderman Gatton said this will make the R-4 district consistent with other residential districts in the City of Ballwin. 
A motion was made by Alderman Robinson and seconded by Alderman Lembke for a second reading of Bill No. 3265.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3265 was read for the second time. 
A roll call was taken for passage and approval of Bill No. 3265 with the following results:  Ayes –Robinson, Gatton, Buermann, Anderson, Easter, Suozzi, McDowell, Lembke.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3265 approved and it became Ordinance No. 03-60. 
BILL # 3266 - AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES SECTION ENTITLED DEFINITIONS AND ORDINANCE 557, THE ZONING ORDINANCE OF THE CITY OF BALLWIN, BY AMENDING ARTICLE III. 
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3266.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3266 was read for the first time. 
A motion was made by Alderman Buermann and seconded by Alderman Anderson for a second reading of Bill No. 3266.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3266 was read for the second time. 
A roll call was taken for passage and approval of Bill No. 3266 with the following results:  Ayes –Buermann, Lembke, Robinson, Anderson, Easter, McDowell, Gatton, Suozzi.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3266 approved and it became Ordinance No. 03-61. 
BILL # 3267 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN, MISSOURI, ON BEHALF OF THE CITY, TO EXECUTE AN EASEMENT AGREEMENT WITH RESPECT TO PROPERTY COMMONLY KNOWN AS 344 ELMCREST. 
A motion was made by Alderman Anderson and seconded by Alderman Robinson for a first reading of Bill No. 3267.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3267 was read for the first time. 
A motion was made by Alderman Robinson and seconded by Alderman Anderson for a second reading of Bill No. 3267.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3267 was read for the second time. 
A roll call was taken for passage and approval of Bill No. 3267 with the following results:  Ayes –Robinson, Buermann, Easter, Gatton, Lembke, McDowell, Suozzi, Anderson.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3267 approved and it became Ordinance No. 03-62. 
BILL # 3268 - AN ORDINANCE AMENDING THE 2003 BUDGET OF CASH REVENUE AND CASH DISBURSEMENTS FOR THE OPERATING REVENUE FUNDS OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, PROVIDING FOR EXPENDITURE REVISIONS IN ACCORDANCE WITH SAID BUDGET AND MAKING RE-APPROPRIATIONS THEREOF. 
A motion was made by Alderman Buermann and seconded by Alderman Lembke for a first reading of Bill No. 3268.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3268 was read for the first time. 
A motion was made by Alderman Lembke and seconded by Alderman Gatton for a second reading of Bill No. 3268.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3268 was read for the second time. 
A roll call was taken for passage and approval of Bill No. 3268 with the following results:  Ayes – Lembke, Easter, Robinson, Anderson, Suozzi, Gatton, Buermann, McDowell.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3268 approved and it became Ordinance No. 03-63. 
A RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR PHASE 2 OF THE VLASIS PARK PROJECT . 
Mayor Jones said this Resolution is in support of the grant for the rebuilding of the tennis courts in Vlasis Park. 
A voice vote was taken with a unanimous affirmative result and the Resolution was declared passed. 
CONSENT ITEMS 
A.        Ballwin Athletic Association Lease Agreement
B.        Crestland Engineering
C.         Pool Guttering
Alderman Lembke requested that Item A, BAA Lease Agreement be discussed before voting on its approval. 
A motion was made by Alderman McDowell and seconded by Alderman Gatton to adopt consent items B and C.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 
Alderman Lembke asked that since he has not seen a copy of the lease agreement, has the address been changed and was a first right of notice given in the agreement.  Mayor Jones said yes that both items have been changed and indicated in the agreement.  
A motion was made by Alderman Lembke and seconded by Alderman Gatton to approve Item A, the Ballwin Athletic Association Lease Agreement.  A voice vote was taken with unanimous affirmative result and the motion was declared passed.  
MAYOR’S REPORT 
Commission Vacancies:  Mayor Jones recommended the reappointment of Verna Arnold and Melvin Walka to the Historical Commission. 
A motion was made by Alderman Robinson and seconded by Alderman Easter to reappoint Verna Arnold and Melvin Walka to the Historical Commission for another 3-year term expiring December 31, 2006.  A voice vote was taken with a unanimous affirmative vote and the motion was declared passed. 
Mayor Jones said there is also a vacancy on the Planning & Zoning Commission for Ward 3 and Ward 4.  Dave Eichenauer, in Ward 4, has resigned from the Commission.  He will attempt to fill these positions before the next Planning & Zoning meeting on December 1. 
City Administrator Kuntz said that there is still one vacancy on the Historical Commission due to the passing away of Calvin Potthast. 
CITY ADMINISTRATOR’S REPORT 
City Administrator Kuntz said that the Board met in a posted and public budget work session at 5:30 p.m. to discuss the 2004 Capital Improvement plan.  The capital budget could be modified to achieve the goal of funding a salary adjustment by applying some revenue to the operating budget.  Street improvement funding would not be changed in order to do this.  This can be discussed at the next budget workshop. 
Mayor Jones said the operating budget will be discussed at the next budget workshop on November 10 at 5:30. 
CITY ATTORNEY’S REPORT 
City Attorney Lucchesi said there was an offer to release the architect to settle separately.  He said that he did not accept this offer. 
ALDERMANIC COMMENTS 
Alderman Robinson said some of the residents in Ward 3 want to know why they have to wait until Wednesday for leaf pickup.  The leaves are usually raked on the weekend and they have to wait until Wednesday for pickup.  They are requesting that Ward 3 leaves be picked up on Monday and Ward 1 on Wednesday. 
City Administrator Kuntz said that the residents’ understanding of a revolving schedule is so low that there would be city-wide chaos.  It’s a good suggestion to rotate, however, people won’t remember from week to week that a change has been made.  Alderman McDowell said the leaf pickup schedule needs to stay as it is. 
A motion was made by Alderman Easter and seconded by Alderman Buermann to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:11 p.m.
MC