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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

 

 

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 13, 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.

Meeting Minutes

 

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
October 13, 2003 

The meeting was called to order by Mayor Jones at 7:02 p.m.
PRESENT
ABSENT
The Pledge of Allegiance was given. 
The Minutes of the September 22, 2003 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Anderson to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 
PEDESTRIAN STUDY
Lee Cannon, Traffic Engineer with Crawford, Bunte, Brammeier presented the pedestrian and safety study of Holloway Road between Baxter and Park Drive/Stoddards Mill Drive.  This section of roadway carries approximately 14,500 vehicles on weekdays and approximately 12,500 vehicles on weekends.  He said 95% of the Golf Club and North Pointe patrons are driving to these facilities.  In 6 hours, there were 35 pedestrian crossings.  There should be a reminder to the citizens on how to use the crosswalks as pedestrians or cyclists, as well as the motorists.  The markings at the current crosswalks should be repainted.  The traffic control signs should be improved to project more clarity at Clear Meadows/Holloway.  Signals and flashing lights are not necessary at this location because of low volumes and good visibility.  The color of the signs should be the same at all crosswalks.  A speed limit sign and a crosswalk sign should not be on the same post together.  He recommended removing the mainline stop signs at Park Drive/Holloway intersection because the traffic has changed at this location since the stop signs were installed.  A traffic signal could be installed to coincide with the future traffic signal at Kehrs Mill/Holloway intersection.  This is a congestion relief recommendation instead of pedestrian safety.  It is not always necessary for traffic to stop at this intersection.  Further recommendations were made in the written report that Mr. Cannon distributed to the Board at this meeting. 
Mayor Jones inquired about the use of pedestrian flags.  Mr. Cannon said his firm recommends against flags because they give the pedestrian a false sense of security and the drivers don’t know how to react.  This could be useful if the motorist could not see the pedestrian because of a hilltop. 
Alderman Suozzi asked if a speed study was conducted.  Mr. Cannon said that this was not part of the study, but it appeared that the speeds were within 5 miles of the speed limit.  This does not seem to be a problem in this area.  
 
PUBLIC HEARINGS
None. 
CITIZEN COMMENTS
None. 
LEGISLATION 
BILL # 3260 - AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN TO ADD A NEW ARTICLE AND RELATED SECTIONS PERTAINING TO FIREARMS IN CITY BUILDINGS; AND FIXING THE TIME WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. 
A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3260.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3260 was read for the first time. 
Alderman Lembke said that North Pointe is an outdoor facility and would like to have this facility considered a building in this ordinance.  City Attorney Lucchesi said that the ordinance language would include North Pointe because it is fenced with controlled access.   
Alderman Robinson asked if the ordinance could include any property in addition to the buildings.  City Attorney Lucchesi said he believes that state law would not allow such an inclusion.  City Administrator Kuntz said that the cities he is aware of that have adopted legislation have used the model ordinance from the Missouri Municipal League.   
Mayor Jones suggested that at this time the Missouri Municipal League model ordinance be approved until it can be determined if the proposed legislation is constitutional.  The ordinance can be amended in the future. 
Alderman Gatton said that the legislators in Jefferson have made a difficult situation with the passage of the concealed carry law.  The most Ballwin officials can do is to ask someone carrying a weapon to please leave the premises.  Alderman Lembke said, if someone is on the premises with a weapon, they could be asked to leave if they are in violation.  If they refuse, a Police Officer can be summonsed.  If they are still on the property, they can be given an infraction with a maximum penalty of $100.  Alderman McDowell said the MML proposed ordinance should be in place in Ballwin in case the conceal and carry statute is enacted.  
Alderman Lembke asked about the Ballwin Days festival and the prohibition of weapons being carried onto the festival grounds.  There is not a fenced or restricted area for entry to the festival.  City Attorney Lucchesi said that, at this time, there is no restriction on carrying a concealed weapon into this type of event and location. 
Alderman McDowell said that the legislators that represent the City of Ballwin have put the City in a difficult position to have to try to manage this situation.  If they had considered the consequences, city officials would not be faced with the additional safety measures that must be taken to protect events like Ballwin Days. 
A motion was made by Alderman Easter and seconded by Alderman Anderson for a second reading of Bill No. 3260.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3260 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3260 with the following results:  Ayes – Easter, Suozzi, Lembke, Anderson, McDowell, Robinson, Buermann, Gatton.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3260 approved and it became Ordinance No. 03-55. 
BILL # 3261 - AN ORDINANCE AMENDING THE 2003 BUDGET OF CASH REVENUE AND CASH DISBURSEMENTS FOR THE CAPITAL 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. 3261.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3261 was read for the first time. 
A motion was made by Alderman Lembke and seconded by Alderman Anderson for a second reading of Bill No. 3261.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3261 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3261 with the following results:  Ayes –Lembke, Buermann, Robinson, Anderson, Easter, Suozzi, McDowell, Gatton.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3261 approved and it became Ordinance No. 03-56. 
CONSENT ITEMS 
A. SCHOOL HOUSE DRAINAGE:  It is recommended that the formal bid for waterproofing be rejected due to excessive cost. 
B. GOLF BRIDGE:  It is recommended that this foot bridge be purchased from Custom Manufacturing, who submitted the low bid of $9,500.
C. GOLF TEE RENOVATIONS:  It is recommended that this project be awarded to Schaefer-Meyer, who submitted the low bid of $14,040.
 A motion was made by Alderman Anderson and seconded by Alderman Buermann to adopt the consent items.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
MAYOR’S REPORT  
Planning & Zoning Commission:
Historical Commission:  There are 2 positions open on this commission.  The Commission should also be contacted regarding budget issues for the old Ballwin School, the Log Cabin, and other issues that will affect the 2004 budget preparation.
City Administrator Kuntz said that there are 2 possible re-appointments to the Historical Commission, whose terms of office expire on December 31, 2003.  These are Helen Pisarkiewicz and possibly Verna Arnold.  These re-appointments could be done at this meeting and the replacement positions of Calvin Potthast on the Historical Commission and Dave Eichenauer on the Planning & Zoning Commission could be done at the next meeting.  Since the exact date of the term expiration for Verna Arnold was unknown at this meeting, this re-appointment will be held over.
A motion was made by Alderman Gatton and seconded by Alderman Buermann to approve the re-appointment of Helen Pisarkiewicz to the Historical Commission for a 3-year term expiring on December 31, 2006.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 
Package Liquor License Sales:  Mayor Jones said the Aldi Grocery store has submitted the application for a package sales Liquor License.  
A motion was made by Alderman Gatton and seconded by Alderman Lembke to grant the Liquor License to Aldi Grocery Store.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 
Future Meetings:  Mayor Jones said the Budget meetings are as follows:  October 27 at 5:30 p.m., November 10 at 5:30 p.m., and final draft presentation of the Budget (if necessary) on November 24 at 5:30 p.m. 
Lafayette Area Mayors meeting:  Mayor Jones said the replacement of Terry Byatt on the St. Louis County Parks Commission will be discussed.  She has served on this commission for the past 2 years.  Terry is now on the Ballwin Planning & Zoning Commission.  The Lafayette Area Mayors are going to propose the appointment of former Chesterfield Mayor Nancy Greenwood to fill the position on the St. Louis County Parks Commission.
CITY ADMINISTRATOR’S REPORT
Budget:  City Administrator Kuntz said that in the Re-appropriation ordinance that was adopted, there were excess funds from the Public Works Department.  The budget change being presented includes that amount and other amounts throughout this fiscal cycle that will be carried forward and applied in 2004.  It wasn’t recommended using the excess this year because there wasn’t a final overage number until the last few weeks.  Scheduling street work in October and November, from a weather condition and school conflict condition, was not advised.  The budget applies capital revenues and capital reserves to future capital projects.  
 
NORTH POINTE CHANGES:
Alderman Gatton asked what the uncompleted punch list items are.  City Administrator Kuntz said an area of pavement needs to be adjusted, a slide is too rapid and a section will be added, a drain will be installed to resolve a standing water issue and there is some dead vegetation that needs to be replaced.  The items are minor and nothing is structural or significant.
A motion was made by Alderman Gatton and seconded by Alderman Easter to approve the change orders in the amount of $62,414.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 
BAA REQUEST:
  City Administrator Kuntz said the Ballwin Athletic Association has proposed amending the current lease agreement for the property at 123 Ballpark Drive to reflect the correct address and to add a right of first refusal option.  This will be a positive and reassuring indication to the BAA that it will be able to lease the property for the long term, and that if something changes, the City would work with the BAA as long as the result will be beneficial on both sides. 
Alderman Gatton asked if in the future the City wanted to use the property, would the BAA have to be given the opportunity to purchase it before Ballwin could use it.  City Attorney Lucchesi said no, not as long as the lease was expired.  He recommended a right of first negotiation instead of right of first refusal. 
Alderman Lembke wanted to be sure that the agreement with the BAA does not restrict future Boards by extending the rental contract for a lengthy period of time.  Alderman Robinson recommended a time limit if 3 years.  City Administrator Kuntz said the initial lease is for 10 years starting January 1, 1994, and continues in additional 5 year increments unless either party gives notice of termination. 
 A motion was made by Alderman McDowell and seconded by Alderman Anderson to offer the Ballwin Athletic Association the lease with a right of first negotiation.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 
REIMBURSEMENTS – MANCHESTER ROAD SIDEWALK PROJECT:
Mayor Jones said that the sidewalks should be considered as a capital improvement to the City.  There are opportunities even without federal funding to complete this project.  He asked if the City makes the spending commitment in the 2004 capital plan, would the estate consider continuing the project and not making the City pay back the $73,000.  Is the issue totally non-negotiable, or can the Board decide to fund the local share and keep the project intact?  City Engineer Kramer was asked to investigate this and report back to the Board at the next meeting.
City Administrator Kuntz asked City Attorney Lucchesi if, like a sewer extension district, can the City require reimbursement of sidewalk capital costs on an incremental basis subject to S.U.E. approvals for the amounts that were dedicated for public improvement.  City Attorney Lucchesi said this can be asked but not required.  As long as an S.U.E. is not denied solely on the grounds that they are not building a sidewalk, an opportunity is available for give and take. 
  City Administrator Kuntz explained that the State has invoiced Ballwin for 100% of the amount that they paid the City for engineering on the Manchester Road sidewalk project.  The bulk of this $73,535.41 will have to come from the capital contingency fund.  This was a federal grant program and there were deadlines to be met.  With the defeat of the tax district vote, the State was advised that Ballwin was unable to make the local match requirement.  As a result of that, the State said that if the project is not going to be built, it is demanding to be reimbursed for the 75% of the engineering costs. 
SEVEN TRAILS DRIVE:
Alderman Suozzi said this is an issue of the sign being non-conforming.  Mayor Jones said there is a second off-site advertising sign for Seven Trails.  It is a pole sign to the east in front of Rothman Furniture.  He suggested that perhaps the requested improvements could be traded for removing this second sign.
Alderman Easter said this request has been denied twice in the past and she doesn’t see anything new to cause the Board to change its mind.  Alderman McDowell said that the last request was to increase the size of the sign.
 
Mayor Jones said that a detailed proposal with a drawing should be provided for Board consideration and ask Mr. Baumann to attend a meeting to answer questions from the Board. 
  The property manager of Seven Trails Apartments has again requested approval to enhance its sign on Manchester Road by enhancing it with brick elements similar to the new entry walls on Holloway Road.  They are not asking for a new sign, a bigger sign, or a change in location.  Alderman Robinson said that he is not ready to reject this proposal too quickly.  Alderman Suozzi said off-site advertising is not allowed anywhere in Ballwin, regardless of how nice the sign will look.  It’s still non-conforming.  She said Mr. Baumann believes that there is an agreement that has been recorded that allows him to have a sign at this location.  He has never produced this agreement.  She believes this will be unfair to other apartment complexes who want to build a structure for their existing signs. 
ELMCREST ISSUES:
Alderman Lembke asked about Mr. and Mrs. Cordes receiving only a gate in the resolution of the Elmcrest issues.  City Administrator Kuntz said this is because their property already has an acceptable fence but the fence and a portion of the retaining wall are encroaching on City property.  They are asking that this situation be cleaned up instead.  They are not requesting a new fence, only that the existing fence and wall be located on their property instead of City property. 
City Administrator Kuntz said that a fence easement could be granted that, at some point if the fence and wall became beyond repair and were eliminated, the easement would revert to Ballwin.  This is a legal way to make the Cordes property whole with what they have.  If something changed in the future, the line would go back to where it is and the City would be whole.
For all of the property owners, this is a reimbursement subject to Ballwin’s receipt of the invoice and the property owner signing of a release, drafted by the City Attorney.  It would be executed and then payment of the check would be made.  There would be no maintenance responsibility by the City.
 
Alderman Robinson explained that the easement would allow the Cordes fence to remain where it is.  If the fence was removed, the City would still own the property.  If the City gives the property to Mr. and Mrs. Cordes, a survey would be necessary, and revised deeds to each parcel would have to be prepared and recorded.  This method is expensive.  City Administrator Kuntz said the least expensive way for the City to solve this issue is to grant a fence easement.  A vacation and dedication or a boundary adjustment plat will cost more for the City. 
Mr. Cordes said he would like the property to be transferred to him to avoid complication in the future if the property is sold.  Mayor Jones said the Board does not want to do it that way.  This would be a perpetual easement that is transferred with the property.  City Administrator Kuntz said this would be a recorded easement and it would be dedicated for that purpose.  City Attorney Lucchesi said the easement would give the right to reconstruct another fence and wall in the same place.  They could not build anything else at that location.  They also would not pay taxes on this property.  This would be a permanent easement that runs with the land. 
Mr. Cordes said he is not comfortable with the proposed easement.  Alderman Robinson explained that with the easement, the fence and retaining wall would remain in place; if the house is sold, the fence and retaining wall would remain.  For the property to be dedicated would be very expensive and the expense does not justify the remedy.  Mr. Cordes asked what the cost would be.  Alderman Robinson did not know what the cost would be.  He said that previously, Mr. Cordes said he would not pay for the survey, deeds, and attorney fees to do this. 
Alderman Lembke did a rough estimate of the cost of each item and anticipated the approximate cost to be $750.  He said that to keep this property whole and if this property is sold in the future, there would be no question in any real estate agents’ mind, and the transfer of this property is sold seamlessly as if that easement didn’t occur, then he is not interested in spending additional money to vacate it. 
Alderman McDowell said the Board is not going to take the property back, now or in the future.  The fence and wall will belong to the property owner for maintenance and replacement; therefore, a perpetual easement is the Board’s solution to this issue, and it will transfer to a new owner with the sale of the property. 
Alderman Robinson said he does not want to force the perpetual easement if Mr. and Mrs. Cordes is uncomfortable with it.  Mr. Cordes said he is not opposed to paying the expenses if he knew the actual cost.
A motion was made by Alderman Robinson and seconded by Alderman Anderson to accept the fence proposal from Chesterfield Fence and the retaining wall proposal from Certified Lawn Care, and draft an ordinance to grant a fence and wall easement.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 
USE TAX:
  The Board was in agreement to postpone discussion on this item at this time. 
CITY ATTORNEY’S REPORT
None.
ALDERMANIC COMMENTS
A motion was made by Alderman Easter and seconded by Alderman Anderson to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:26 p.m.
MC
  City Administrator Kuntz reviewed the characteristics of the properties involved with reimbursement amounts for fencing, a retaining wall and gate.  The reimbursement would be subject to a signed release in order to bring these issues to completion.
  City Administrator Kuntz said it is recommended that a number of change orders totaling $62,414 be approved.  A supplemental request for overtime compensation has been rejected.  $100,000 is being retained pending completion of the “punch list” items.  The $62,414 is separate from the $100,000.  Mr. Kuntz said there was an $80,000 contingency built into the 2003 budget for these types of changes.
  Mayor Jones said that Dave Eichenauer has resigned from the Planning & Zoning Commission due to his decision to relocate his residence outside of Ballwin.  A new representative from Ward 4 will be needed for this position.
COMMISSION VACANCIES: