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

Meeting Minutes

The meeting was called to order by Mayor Jones at 7:00 p.m.
PRESENT
ABSENT
Mayor Robert E. Jones
 Alderman Bruce Anderson
Alderman Kay Easter
Alderman Jane Suozzi
Alderman Press McDowell
 
Alderman Kenneth W. Buermann
 
Alderman James Robinson
 
Alderman Charles Gatton
 
Alderman Ray Lembke
 
City Administrator Robert Kuntz
 
City Attorney Lionel Lucchesi
 
 
The Pledge of Allegiance was given. 
 
The Minutes of the June 9, 2003 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Lembke 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. 
PUBLIC HEARINGS
 
Community Development Block Grant:  The Public Hearing was opened at 7:06 p.m.  Assistant City Administrator Aiken explained the annual application for Ballwin’s Community Development Block Grant is due with St. Louis County in early July.  Mr. Aiken passed around the sign in sheet for all present to sign.  This must be submitted with the application.  Mr. Aiken explained that this program is funded through the federal government through the Department of Housing and Urban Development.  Ballwin participates in the Urban County Program through St. Louis County.  Ballwin could submit application directly to HUD or through the State, but the likelihood of receiving funding are better by utilizing the Urban County Program. 
Mr. Aiken said the funds can be used on projects that benefit more than 50% low and moderate income residents, eliminate slums and blight, or alleviate urgent, serious and critical community needs that are of recent origin such as a flood or tornado damage.  Ballwin participates in the St. Louis County Home Improvement Program which St. Louis County administers.  Mr. Aiken explained in detail the possible uses of the funds and provided a flyer containing this information to the audience. 
Alderman Gatton asked what has been the utilization by Ballwin residents of this program.  Assistant City Administrator Aiken said the funds are used up long before the year is over.  He said the demand is usually in excess of the funds that are available.  He said that at $10,000 per project, $40,000 is only 4 people per year.  It doesn’t serve a large number of people. 
Mayor Jones asked if there were any proponents who would like to speak on behalf of the proposal to place Ballwin’s Community Development Block Grant funds in the home improvement program.  There were none.  Mayor Jones asked if there was anyone in the audience that would like to speak in opposition to the proposed use of these funds.  There were none.  Mayor Jones declared the Public Hearing closed at 7:12 p.m. 
A motion was made by Alderman Easter and seconded by Alderman Gatton to approve the use of the Community Development Block Grant funds for home improvements.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 
 
CITIZEN COMMENTS
Steve Leketch, 1035 Camargo:  Mr. Leketch said that at 913 Camargo there is a pool construction business.  Pick up trucks and 16-foot trailers are parked in front of the house, construction dumpsters in the driveway, cement mixers, parking on the front lawn even when the driveway is available.  The police department has been very responsive and complaints have been filed.  The vehicles and equipment gets moved and then the next day it starts all over again. 
At 1058 Kehrs Mill, the owner has thrown gravel on the left side of the driveway and parks a pick up truck and trailer on the gravel with trash cans and broom sticks sticking out of the trailer.  There is a pool with standing water in the back yard.  This is a mosquito trap.  They seem to have total disregard for the rules and regulations. 
Mr. Leketch asked if a system could be established to impose a fine for multiple repeat violations.  Mayor Jones said no because fines are at the discretion of the Judge within the limits set by the Board of Aldermen and state law.  He said to continue bringing these issues to the attention of Code Enforcement and the Police Department.  Mr. Leketch asked if he wrote a letter to the Municipal Judge listing the repeat offenders if this would have any effect on the situation.  Mayor Jones said he could write a letter and perhaps the court will consider it.
 
LEGISLATION
BILL # 3237 - AN ORDINANCE AMENDING CHAPTER 17, ARTICLE IV, SECTION 17-105 ENTITLED "STEALING" OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY ADJUSTING THE PROPERTY THEFT VALUE PROVIDED IN SUBPARAGRAPH (a)(3) AND (b) AS AMENDED BY HOUSE BILL 1147.
A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3237.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3237 was read for the first time. 
A motion was made by Alderman Robinson and seconded by Alderman Gatton for a second reading of Bill No. 3237.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3237 was read for the second time. 
A roll call was taken for passage and approval of Bill No. 3237 with the following results:  Ayes – Robinson, McDowell, Lembke, Easter, Buermann, Gatton.  Nays – None.  Whereupon Mayor Jones declared Bill No. 3237 approved and it became Ordinance No. 03-32. 
 
BILL # 3238 - AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, AND IN PARTICULAR SECTION 24-50 ENTITLED "CASH BOND OR PERFORMANCE AND PAYMENT BOND REQUIRED” IN THE CITY OF BALLWIN. 
A motion was made by Alderman Gatton and seconded by Alderman Buermann for a first reading of Bill No. 3238.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3238 was read for the first time. 
A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3238.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3238 was read for the second time. 
A roll call was taken for passage and approval of Bill No. 3238 with the following results:  Ayes – Buermann, Robinson, Easter, Lembke, McDowell, Gatton.  Nays – None.  Whereupon Mayor Jones declared Bill No. 3238 approved and it became Ordinance No. 03-33.
 
BILL # 3239 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO THE LADIES OF LUCERNE TEAROOM LLC FOR A RESTAURANT WITH CARRYOUT AND THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK OR CONSUMPTION ON THE PREMISES.
A motion was made by Alderman Robinson and seconded by Alderman Lembke for a first reading of Bill No. 3239.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3239 was read for the first time. 
A motion was made by Alderman Easter and seconded by Alderman Gatton for a second reading of Bill No. 3239.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3239 was read for the second time. 
Mayor Jones said this is a request for a Special Use Exception.  This item was on the June 2 agenda of the Planning and Zoning Commission.  The Commission recommended favorably with regard to approving this Special Use Exception request.  In order to find in favor of the proposal, this Board has to determine that the proposal would not substantially increase traffic hazards or congestion; would not adversely affect the character of the neighborhood; would not adversely affect the general welfare of the community; would not over‑tax public utilities; would not adversely affect public safety and health; is consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the District; and can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.
A roll call was taken for passage and approval of Bill No. 3239 with the following results:  Ayes – Easter, Gatton, McDowell, Robinson, Lembke, Buermann.  Nays – None.  Whereupon Mayor Jones declared Bill No. 3239 approved and it became Ordinance No. 03-34. 
 
BILL # 3240 - AN ORDINANCE APPROVING AN AMENDED SITE PLAN FOR THE VILLAGE PARK APARTMENTS (FORMERLY MARK TWAIN APARTMENTS) IN THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI. 
A motion was made by Alderman McDowell and seconded by Alderman Buermann for a first reading of Bill No. 3240.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3240 was read for the first time. 
Mayor Jones said this item was on the June 2 agenda of the Planning and Zoning Commission.  The Commission recommended favorably with regard to approving this amended site plan.
A motion was made by Alderman Gatton and seconded by Alderman Buermann for a second reading of Bill No. 3240.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3240 was read for the second time. 
A roll call was taken for passage and approval of Bill No. 3240 with the following results:  Ayes – Gatton, Robinson, McDowell, Buermann, Easter, Lembke.  Nays – None.  Whereupon Mayor Jones declared Bill No. 3240 approved and it became Ordinance No. 03-35.
 
CONSENT ITEMS
A.        Liquor Licenses Renewal
B.         Striping Contract
C.         Truck Bed and Plow Purchase
D.        In-Car Videos Equipment Purchase
E.         Leaf Vac Purchase
A motion was made by Alderman Buermann and seconded by Alderman Gatton to adopt the consent items.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
 
MAYOR’S REPORT
Commission Appointments:  Mayor Jones recommended that Lori Willis be re-appointed as Chairman of the Board of Adjustment Commission.  Alderman Easter said that Lori Willis is excellent in this position as chairman and made a motion, seconded by Alderman Gatton, that Lori Willis be re-appointed to the 5-year term as chairman of the Board of Adjustment commission, expiration in May, 2008.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 
Mayor Jones recommended the appointment of former Mayor Ed Montgomery to fill Frank Rogers’ expired term on the Planning and Zoning Commission.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Mr. Montgomery’s term of office is for 4 years and will expire in May, 2007.  Mayor Jones said there is one appointment yet to be made on the Planning and Zoning Commission and hopefully this can be made at the July 28 meeting. 
Summer Schedule:  Mayor Jones said that by previous action of the Board of Aldermen, the July 14 and August 11 Board of Aldermen meetings have been cancelled. 
Bagels and Java Special Use Exception Transfer:  Mayor Jones said this is a request for transfer of the Special Use Exception from Tom Canfield, doing business as Bagels and Java in Ballwin Plaza to Vishal Patel, doing business as Planet Subway.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
 
CITY ADMINISTRATOR’S REPORT
Use Tax:  City Administrator Kuntz said this tax mostly applies to business purchases on the internet.  He provided a list to the Board of all the communities that have imposed this tax.  He suggested adding this issue to the November 4 ballot, in addition to the business license fee adjustment change.  This would have little impact on a residential customer.  This will affect mostly the resale of larger ticket items that are ordered from out of state.  The state has the tax in place, the County does not.  To impose the tax will require a vote of the people. 
Mayor Jones said this was discussed at the last Lafayette Area Mayors’ meeting.  Their preliminary research indicated that this measure could result in as much as $400,000 for the City of Ballwin on an annual basis.  This is a fair tax on the sales that are generated through the internet and catalogs.  The individual has a $2,000 annual deduction.  This is a self-reporting matter so there isn’t a great amount of paperwork.
Alderman Easter asked what dollar impact this would have locally.  City Administrator Kuntz said Kirkwood is budgeting $100,000 this year, but they received $200,000 last year.  It’s difficult to determine because the reporting records are handled by the State.  He said the local businesses are affected because of the competition on the internet.  Our local businesses pay license fees and sales tax, but on the internet there’s no tax applicable.  This is an unfair advantage that internet companies have over our local businesses. 
A motion was made by Alderman Buermann and seconded by Alderman Easter to prepare legislation to put the Use Tax issue on the November 4, 2003 ballot.  A voice vote was taken with a unanimous affirmative vote and the motion was declared passed.
North Pointe Signage:  City Administrator Kuntz said the signage exceeded the $5,000 limit because of the specialized nature of the purchase, lettering, and size.  This requires Board approval.  Parks Director Bruer explained in her memo that the sign she thought they could use was too small.  It was necessary to go up to the next size, which was $6,234.15. 
A motion was made by Alderman Easter and seconded by Alderman McDowell to approve the expenditure for the North Pointe sign.  A voice vote was taken with a unanimous affirmative vote and the motion was declared passed.
Light Duty Policy:  City Administrator Kuntz said a review was conducted with Mr. Ivan Schraeder, an attorney who assists in assuring compliance with the personnel rules and policies.  Chief Biederman and Human Resource Coordinator Morrison participated in the discussion.  Mr. Schraeder’s recommendation is that the current policy be restricted and restructured.  This is to bring the personnel rules into compliance with the law.
Alderman McDowell asked what the difference is between light duty and limited disability.  Ms. Morrison said it is actually called temporary alternative work in the policy and there is no difference.  City Administrator Kuntz said the purpose is to get the rehabilitation on a faster basis and to bring back the employee at 100% as soon as possible, but also not to create a specialized position.
Alderman McDowell asked about additional unpaid medical leave.  Human Resource Coordinator Morrison said additional unpaid leave could be applied after all other medical leave has been used.  City Administrator Kuntz said the current policy allows for 90 days.  A revision would be 30 days, subject to physician certification and availability of work assignment.  After the other leave is exhausted, on a case-by-case basis, the unpaid leave can be granted.
A motion was made by Alderman Gatton and seconded by Alderman Lembke to adopt the Light Duty Policy with the effective date of September 1, 2003.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 
Clayton Ridge Parking:  City Administrator Kuntz said this parking request from the owner of the Kehrs Mill Professional Park is a carryover from the last meeting.  The research has been conducted according to Board request.  He said there is no cross parking agreement with the Barn At Lucerne.  None was required.  Dr. O’Brien has had discussions about expanding the lot within the confines of the existing property and he is pursuing this with Assistant City Administrator Aiken. 
Alderman McDowell asked if the Planning and Zoning Commission and Board had approved that the present situation that was put into place, and now a reversal is being requested.  Assistant City Administrator Aiken said the Board granted the request of the neighborhood residents in that neighborhood to impose no parking on that roadway.  This request is to reverse that decision to allow parking on Clayton Ridge.  Mayor Jones said no further action is suggested by the Board at this time.
Alderman Gatton said the parking requirements for medical offices is at the very low end of the scale.  This should possibly be reviewed and perhaps changed.  The Ballwin ordinance designates 2.5 spaces per thousand square feet, but others have from 3 1/3 to 4½ spaces per thousand square feet.  He asked for future permits, should the parking requirement be increased to end some of the conflict that seems to be increasing.  Alderman McDowell said if the parking requirement is increased to 3.5 spaces per thousand, business space will be taken away.  He doesn’t think this issue has come up very frequently.  Alderman Gatton said if the requirement is changed, it would affect future developments and not be retro active.
A motion was made by Alderman Gatton and seconded by Alderman Lembke to direct the Planning and Zoning Commission to review the parking requirements for offices uses to determine if the requirement should be retained or increased.  A voice vote was taken with 5 Aye votes and Alderman McDowell voting Nay.  The motion was declared passed.
 
PARKS & RECREATION COMMENDATION
City Administrator Kuntz commended Director of Parks and Recreation Linda Bruer and her staff for an excellent job on the North Pointe Family Aquatic Center.  He said this was a very stressful project.  There were a lot of elements that has to come together.  Anyone who has had the opportunity to visit the facility since June 14 will agree that it’s a tremendous asset to the community.  A lot of the credit is because of the planning and the Parks and Recreation leaders, but the employees working there continue to exemplify that spirit.  This is very positive for the City.  Unfortunately, popularity has it price.  In the early days of the new facility, there are parking issues and this is being evaluated and dealt with.  Some steps have been made on an interim basis.  There will be a recommendation in next year’s budget to provide additional parking at the facility.  City Engineer Kramer was helpful in providing a preliminary estimate.  It’s counter productive to attempt to do this during the current swim season.  To build the additional parking, the temporary parking spaces would be lost during the period of construction.
 
CITY ATTORNEY’S REPORT
None.
 
ALDERMANIC COMMENTS
None.
 
CLOSED SESSION – REAL ESTATE & PERSONNEL
Mayor Jones said the closed session will consist of an offer to purchase real estate belonging to the City and a personnel issue.  Both items are allowed to be conducted in closed session by the Missouri Sunshine Law.  City Administrator Kuntz said that it is not expected that any action will be taken in the closed session.  This is for discussion only.  Any action will be taken when the Board reconvenes into open session. 
A motion was made to adjourn to Closed Session to discuss real estate and personnel.  A roll call vote was taken with a unanimous affirmative result and the motion was declared passed.  The open meeting was adjourned to closed session at 7:50 p.m. 
The Board convened in closed session at 8:17 p.m.
While in closed session, the Board discussed the Ballwin Athletic Association purchasing a parcel of land owned by the City. 
A motion was made by Alderman Lembke and seconded by Alderman Robinson to offer the parcel to the Ballwin Athletic Association at fair market value.  A roll call was taken with the following results:  Ayes – Easter, Gatton, Robinson, Lembke, Buermann.  Nays – McDowell.  Whereupon Mayor Jones declared the motion passed by a vote of 5 to 1. 
A discussion was held on the employee evaluation for the performance of the City Administrator. 
A motion was made by Alderman Easter and seconded by Alderman Buermann to reconvene into open session.  A roll call was taken with a unanimous affirmative result and the motion declared passed.  The closed session was adjourned at 8:30 p.m. 
The Board convened in open session at 8:31 p.m. 
After the open session reconvened, the following discussion and motion was conducted: 
RAMSEY LANE LEFT TURNS ONTO MANCHESTER ROAD: 
Alderman Easter reported that several serious accidents had occurred at Ramsey and Manchester Road and recommended that the City proceed with or without authority of the Missouri Highway Department to install no left turn signs at Ramsey.
A motion was made by Alderman Easter and seconded by Alderman McDowell to draft legislation to prohibit left turns from Ramsey onto Manchester between the hours of 6:00 a.m. and 7:00 p.m.  A roll call vote was taken with a unanimous affirmative result and the motion was declared passed. 
A motion was made by Alderman Easter and seconded by Alderman Buermann to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:35 p.m.
MC