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
The meeting was called to order by Mayor Jones at 7:00 p.m.
The Pledge of Allegiance was given.
The Minutes of the May 12, 2003 Board of Aldermen meeting and closed session were submitted for approval. A motion was made by Alderman Anderson and seconded by Alderman Lembke to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
Mayor Jones commended Jim Cox for his many years of service to our community. Mr. Cox is retiring as Chairman of the Planning and Zoning Commission. In addition, he had served twice as a member of the Commission as well as a member of the Board of Aldermen. A Proclamation was presented to Mr. Cox for his dedicated service to the City of Ballwin.
Mr. Gary Gillham, with Resource Management, presented a Certificate of Recognition to the Board and explained the history and benefits of recycling. Over the last year, Ballwin residents have provided 2,080,000 pounds of materials to the recycling program. He said that recyclable material is not trash. These materials are used to make new products that can be sold and will benefit everyone. For every ton of recycled newspaper, 17 trees are saved. Last year from the St. Louis region, 30,841 tons of newspapers were recycled. This saved over 524,297 trees.
BILL # 3233 - AN ORDINANCE ESTABLISHING PROCEDURES BY WHICH THE CITY OF BALLWIN MAY AVAIL ITSELF OF THE PROVISIONS OF CHAPTER 353, REVISED STATUTES OF MISSOURI, KNOWN AS THE URBAN REDEVELOPMENT CORPORATIONS LAW, AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
A motion was made by Alderman Gatton and seconded by Alderman Easter for a first reading of Bill No. 3233. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3233 was read for the first time.
Mayor Jones said that he and the Board have had many contacts with the residents, Ballwin Athletic Association, and others interested in this development. Alderman Gatton said of those he has spoken to in his ward, no one was in favor of this proposed project. He recommended that the Board vote against this legislation.
Alderman Easter said if the vote against this legislation is successful, this means the project will be disbanded and there will not be a need for a presentation by Mills. City Administrator Kuntz said it will be appropriate to make a subsequent motion to make that statement in addition to the legislative action if that is the desire of the Board.
A motion was made by Alderman Easter and seconded by Alderman Buermann for a second reading of Bill No. 3233. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3233 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3233 with the following results: Ayes – None. Nays - Easter, Buermann, Suozzi, Lembke, Gatton, Anderson. Whereupon Mayor Jones declared Bill No. 3233 failed.
A motion was made by Alderman Easter and seconded by Alderman Gatton to reject the proposal submitted by Mills. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
Doug Harris, representing 5 Elmcrest residents whose property adjoins the North Pointe Aquatic Center: Mr. Harris expressed concerns of security, noise, and privacy. He said that Director of Parks and Recreation Bruer has said that things will be done to protect their security and privacy and to please each family. City Administrator Kuntz expressed in a letter that only supplemental plantings would be provided. They do not believe that this is adequate. The volume of traffic projected for the water park is 90,000 people, which is 1,000 people per day. He said this activity will be in their back yards with no barriers provided. They are requesting a 6-8 foot fence, retaining walls, plantings, the marking of property corners, and a lifetime transferable membership to the North Pointe for each household to make their properties more marketable and offset the loss of value. They believe that their property values have been damaged by this construction so close to their homes. The property owners would then take ownership of the fence and maintain it. He asked that the Board consider their requests and respond in writing by the end of June.
Mr. DeFelice said they have an idea as to the type of fence to construct, but they are giving the City the latitude to make a decision on what would be best for the topography from the City’s side of the property. He said pine trees would considerably help shield the properties from the view of the aquatic center.
Jerry Feldhouse, executive secretary/treasurer of the St. Louis Building Trades: He asked if the Mills project is dead. Mayor Jones said yes that is correct.
Melissa Fowler, 910 Claybend, Clayton Ridge Trustee: Ms. Fowler said the trustee association is opposed to Ballwin allowing parking on Clayton Ridge. To allow this parking would legalize trespassing on private residential property. The subdivision was built long before the medical building, restaurants and lounge. Parking on this street is currently prohibited. Parking for the medical building would create a safety hazard for emergency vehicles and for the neighborhood children. She said there are 20 – 24 parking spaces available in the middle of the lot during the day. The business should provide appropriate parking on their own parking lot. The medical building should be held to the same standards as the Enigma Lounge and UMB Bank.
Mayor Jones asked if the Trustee Association would object to the parking if it was only allowed on the south side of Clayton Ridge in the area by the doctor’s building and only before 5:00 p.m. She said the street is not wide enough for 3 cars and this is a huge safety issue.
Peter Pfeifer, 309 Claymont Drive, Vice President of the Claymont Association: Mr. Pfeiffer said he is a member of the Claymont Subdivision Trustee Association and representing the residents whose property abuts the North Pointe facility. He said the Board and the City are not helping the residents. He asked the Board to pass a resolution to halt the lighting of the parking lot so that the lighting will not directly affect the neighbors of the facility. He said the lights have been installed and are very close to the residential housing. Alderman Lembke asked Mayor Jones if the request is being made to redo the entire lighting system four days before the facility opens. Mayor Jones said that is what is being suggested. Mr. Pfeifer said the lights just went up not too long ago and this is the first opportunity the residents have had to get together and present a common theme which to date has been ignored. He said he is suggesting that the lighting that abuts adjacent residential property should be moved to the interior of the project, thereby allowing people at night to not have a spot light in their window. He said his goal is to get a resolution passed. Mayor Jones said this will not happen tonight because the facility is not yet open. He said Mr. Harris asked for a response to the homeowners’ list of concerns by the end of June and that will be done. The facility will be opened on Saturday, June 14. Their concerns will be addressed in a timely fashion.
Tim Progue, 418 Bush Drive: Mr. Progue thanked the Board for listening to the 500 citizens that were against the Multiplex site as a new location for Ballwin Ballpark. He asked Bruce Mills to construct the development at another city’s expense, not Ballwin’s.
Shirley Jovinovich, 231 Bitterwood: She said the newspaper said that the Board went behind closed doors and discussed this project with Mills and the Ballwin Athletic Association. She said they are going to start paying more attention to what the Ballwin officials are doing. Mayor Jones explained that state law allows the City to meet in closed session to discuss the purchase or sale of real estate. This item needs to be discussed in closed session because there would never be an opportunity for the City to get the best possible offer for the property otherwise. She said that Multiplex is still there and the residents want to be involved in future proposals.
Peggy McCain, 550 St. Joseph Drive: Mrs. McCain thanked the Board for voting down the proposal about Multiplex. She said there was a meeting of Westglen residents at Woerther School discussing this issue. Everyone was concerned that there would not be enough parking at the new BAA facility if it was going to be moved. She said that the Mills proposal would not bring in enough revenue. Not once did the City discuss with the residents how the quality of life for 500 neighbors was going to be affected. When she discussed the relocation of the ballpark with the aldermen, it was never mentioned that the quality of life was going to be drastically changed if the ballpark was moved to the new location. For future dealings such as this, please think of the residents. She said this affects the quality of life for the residents. People want to sit on their patios without hearing the roar of a baseball game or the loudness of children playing in a swimming pool. When the City changes an area dramatically by moving a ball field into someone’s backyard, that is drastic. Instead of being concerned about parking, she wanted the Ballwin officials to ask the residents how they feel about it. This would change the character of the neighborhood and change the quality of life which is totally unacceptable.
Mayor Jones said that the Board members conducted an inquiry of this sort in the past 4 weeks. Mrs. McCain said no one asked her. Alderman Lembke said that after the last Board meeting he told her personally that he was concerned about her issues. He said not one person called him regarding this issue. Mrs. McCain said he should have received letters. Alderman Lembke said he didn’t receive any letters for or against this issue. Mrs. McCain said the Board of Aldermen was concerned about the parking issue and not about the quality of life of the residents and the character of the neighborhood. This property is 15 acres in the middle of a residential neighborhood and someone is going to take it over. In the future, when things are being considered to be moved or new facilities installed, she asked the Board to consider and consult the residents in plenty of time for discussion and evaluation of how this will change the quality of life for the residents and how it will change the character of the neighborhood. Mayor Jones said they have done just this in the past and will continue to do so in the future.
Robert Mayer, 235 St. Mary’s Drive: Mr. Mayer praised the Ballwin Days Golf Tournament. He expressed concern about the parking at the golf course. He said that when he has a 10:15 tee time, he doesn’t want to have to search for a place to park because the aquatic people are parking on the golf course lot. He said this needs to be addressed. Something needs to be done regarding the parking situation.
Walter Young, 634 Lemonwood Drive: Mr. Young said that Ballwin should sell 123 Ballpark Drive to the Ballwin Athletic Association so that they can have complete control of the ball field and not have the City involved at all. The residents want something in writing from the Board stating that the City will not bother the Ballwin field again. Mr. Young said that there were 89 people at the Westglen meeting and it is the responsibility of the Aldermen to attend the meetings in their ward. Alderman Lembke said he was not able to attend the meeting because of a previous business appointment that could not be changed. He had asked his fellow Aldermen to address the people and tell them that he was concerned.
Bruce Keller, 227 Nancy Place: Mr. Keller thanked the Board for the unanimous vote against Bill #3233. He said there are a lot of people breathing a sigh of relief regarding that proposal. He asked if the unanimous vote indicates an opposition to that particular relocation in principal or is the Board going to, in the future, entertain additional proposals for exactly the same thing. Mayor Jones said there is no way to speculate on what development proposals the private sector may submit for consideration. He said, from previous discussions always in public meetings, that the concern for the Ballwin Athletic Association and the residents around the current BAA and those that would have become new neighbors of the BAA, will continue. If the BAA wants to move, then it will be considered. The City would not have forced the BAA or the neighbors to take on something they did not want.
Dr. Bob O’Brien, regarding parking on Clayton Ridge Drive: Dr. O’Brien said he would like the parking on Clayton Ridge Drive to be allowed. He said they desperately need 4 or 5 spaces on the south side of the street adjoining the doctor’s building. There is no intention for parking to be next to the back yards of the property owners. Alderman Suozzi asked if the 20 – 24 spaces available in the middle of the lot were because the Community College is not in session at this time. Do the students park in the doctor’s building lot? Dr. O’Brien said they have posted a sign for the students to not use the lot until after 5:00 p.m. There currently is not a problem with student parking on their lot. There are lighter days when doctors are seeing fewer patients. He said there are 2 physicians, 1 chiropractor, and approximately 5 dentists in the building. Alderman Lembke asked if the parking problem could be alleviated if the days when all have scheduled patients could be identified. Dr. O’Brien said this could be possible. Alderman Buermann asked if 4 or 5 parking spots could be used at the Barn At Lucerne parking lot. Dr. O’Brien said that on February 1, Mr. Londe discontinued the written lease with a monthly fee for the parking spaces at the Barn At Lucerne.
Diana Fosledge, 826 Crestland Drive: Ms. Fosledge said Crestland Drive is being expanded by 6 feet on the west side of the road. A petition was signed by the residents and phone calls were made to Aldermen Suozzi and Buerman with not much response. The residents are opposed to the widening of Crestland on one side rather than half on each side. She said it seems that the $60,000 sidewalk that was installed about 4 years ago is the reason for expanding on the other side of the road. The sidewalk is severely sloped and is not safe. She believes this is unsafe as proposed. She asked why the petition was ignored. Mayor Jones said the engineering reconstruction was proposed in this manner so that removal and reconstruction of the sidewalk, at a cost of about $60,000, could be avoided. There would be 21 additional driveways that would have to be rebuilt if both sides of the street were expanded because the aprons would have to be re-poured once the street is completed. There would have to be 2 fire hydrants relocated at the city’s expense by widening on both sides, 3 additional curb inlets, 13 trees would be lost. The school will lose 6 feet of driveway, but if expanded on both sides they would lose 8 feet. There would be 9 street lights that would have to be relocated. All of these things were taken into consideration when the plan was submitted.
Alderman Suozzi said that when the sidewalk was proposed, there was a lot of discussion as to the most appropriate side of the street to build it. There were less elevation concerns on the side where the sidewalk was constructed. This plan offered a single safer crossing at the school rather than expecting the students to cross elsewhere where there isn’t a sidewalk. City Administrator Kuntz said the petition, dated April 14, was received on June 4. Alderman Suozzi said she told Mr. Moritz to send the petition to the Government Center and not directly to her. This project was well underway before the meeting took place. She said it would be remiss for the City to remove the sidewalk and spend more money than is necessary to rebuild this street.
Dave Kreymar, 577 Golfwood: Mr. Kreymar said his property backs up to the Multiplex complex. He asked if there is a plan to rezone the property. Will it be rezoned to single family residential, multi-family, or remain industrial? Mayor Jones said there is no plan for Ballwin to unilaterally rezone the property. He said the City does not normally rezone property on its own initiative except in the case of annexation. Multiplex still owns the land and has certain rights to the present zoning. He is concerned about what will happen with that property. Alderman Buermann said if a developer wanted to put in single family homes or condos, the city would entertain a re-zoning petition at that time. Alderman Gatton said at this time, there are no other proposals for the Multiplex property. As proposals come forward, the City will consider them. Mr. Kreymar asked, if there is a proposal for the property, will the residents be notified or will they have to find out about it through the newspaper? Alderman Suozzi said the site will be posted if there is a re-zoning petition and a public hearing will also be advertised in the newspaper. All public hearings on development proposals go before the Planning and Zoning Commission. Mr. Kreymar said the residents want to be informed. He found out about the BAA plan through the newspaper. He said he went to 50 homes and half of these residents didn’t know that this was going on. Alderman Gatton said that he and Alderman Lembke try to stay in touch with Subdivision Trustees, but it’s difficult to reach every resident. The Board is not trying to keep anything hidden. Mr. Kreymar said this is a quiet neighborhood and he would like to keep it that way. He said that single family residential would be better than a ballfield.
Robert Moritz, Crestland: Mr. Moritz said he is the one who got the petition together and it was turned in late. He said he asked the Aldermen Suozzi and Buermann to come to a meeting in April and explain the project. He said that he understood the initial plan was only to overlay the existing street. It was changed to a 6-foot widening on one side, which he does not understand. He said the homes are going to be in danger. The City should take a harder look at this before this project proceeds. The project was not handled in the right way. He asked how much planning has gone into this project and if there was any surveying performed. He said he didn’t see any surveyors on the street. City Attorney Lucchesi said that all work is being done in the public right-of-way, and the City has the right to build whatever it deems appropriate in the public right-of-way. Alderman Suozzi said the way the sidewalk is constructed on Crestland is not unusual. It was done 3 years ago with sensitivity to the neighbors that live along that street by trying to keep the driveways at a reasonable slope and to not disturbing the trees. She said a 26-foot wide surface for a street is the standard for new residential streets in Ballwin. Ballwin considered leaving the street at its present 19-foot width, but school busses cannot safely pass each other. Mr. Moritz said he has been doing road construction work for 35 years and has work for almost every municipality and the city, and he has never seen sidewalks put in the way the Crestland sidewalk has been put in. He does not feel that the whole 6 feet should be widened on only one side.
Lowell Davis, 824 Crestland: Mr. Davis said his mailbox has been knocked down twice. He is concerned that the new road will provide for faster traffic speeds. He asked that the speed be strictly enforced, even for busses. Alderman Suozzi noted that the reason so many Crestland mail boxes have been knocked over is the substandard width of the existing pavement.
BILL # 3234 - AN ORDINANCE SUBMITTING TO THE VOTERS FOR APPROVAL QUESTIONS REGARDING CERTAIN FEE INCREASES WITH RESPECT TO DEVELOPMENTS IN THE CITY OF BALLWIN.
A motion was made by Alderman Anderson and seconded by Alderman Gatton for a first reading of Bill No. 3234. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3234 was read for the first time.
A motion was made by Alderman Easter and seconded by Alderman Buermann for a second reading of Bill No. 3234. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3234 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3234 with the following results: Ayes – Lembke, Easter, Suozzi, Anderson, Buermann, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3234 approved and it became Ordinance No. 03-29.
BILL # 3235 - AN ORDINANCE AMENDING CHAPTER 13, SEC 13-52 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY THE ADDITION OF A NEW SUBPARAGRAPH (C).
A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3235. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3235 was read for the first time.
Alderman Gatton asked if the City inspectors or other staff be able to enter onto the premises to inspect for mosquito breed conditions and how would this be determined. City Attorney Lucchesi said it would typically be based on the report of the neighbors and a letter would be sent. City Administrator Kuntz said that if the situation is bad enough, perhaps other agencies would be involved in dealing with the issue such as the St. Louis County Health Department. Mayor Jones said a warrant could also be issued.
A motion was made by Alderman Gatton and seconded by Alderman Buermann for a second reading of Bill No. 3235. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3235 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3235 with the following results: Ayes – Gatton, Suozzi, Lembke, Buermann, Easter, Anderson. Nays – None. Whereupon Mayor Jones declared Bill No. 3235 approved and it became Ordinance No. 03-30.
BILL # 3236 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE FINAL RECORD PLAT FOR CLAYTON CORNERS 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 Easter for a first reading of Bill No. 3236. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3236 was read for the first time.
A motion was made by Alderman Lembke and seconded by Alderman Suozzi for a second reading of Bill No. 3236. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3236 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3236 with the following results: Ayes – Lembke, Buermann, Easter, Suozzi, Anderson, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3236 approved and it became Ordinance No. 03-31.
A. Liquor Licenses
B. Felony Stealing
D. Phone Service
A motion was made by Alderman Easter and seconded by Alderman Anderson to accept the consent items. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
Board and Commission Appointments: Mayor Jones said there is one Planning & Zoning appointment to make and one Board of Adjustment appointment. He asked if anyone has any suggestions to contact him. He would like to present names for consideration at the next meeting.
CITY ADMINISTRATOR’S REPORT
Clayton Ridge Parking: City Administrator Kuntz said the staff proposal was that 5 spaces could be allowed adjacent only to the office building property. This would be from just beyond the dumpster to 10 feet from Kehrs Mill, which is the standard setback from an intersection. Alderman Gatton asked that this bill be tabled until Dr. O’Brien can provide the information on the frequency of the parking. He said that apparently the Ballwin regulations are not requiring sufficient parking spaces for buildings of this nature. City Attorney Lucchesi said that he believed that this was approved for the professional office building because there was a lease with the Barn At Lucerne for parking. Alderman Buermann said that he would not support an amendment to allow street parking that close to Kehrs Mill. Additional information from Dr. O’Brien may help resolve the parking issue. He said this is too close to Kehrs Mill as other cars are pulling in. Alderman Gatton said that the City should not be responsible for providing business parking on the streets. The business should provide spaces within its own property. Alderman Lembke said it is a dangerous situation to provide commercial parking adjacent to residential backyards.
Mayor Jones said that staff will investigate why the parking at the Barn At Lucerne is no longer available.
Use Tax: City Administrator Kuntz said this is informational and is an investigation by staff to see if there are other options. There will be a meeting next week hosted by St. Louis County to discuss the use tax on a county-wide basis.
Music Licensing: City Administrator Kuntz said there has been little interest from the adjacent cities. Follow up requests are still being received from SESAC. He recommended using a Muzak type of company. Alderman Easter asked if other cities are being pressured to do this. Mayor Jones said that some have decided not to use commercially available music. Some are using no music, or Muzak, or they require indemnity licensing from performers. Other cities are just hoping that they don’t get pressured as Ballwin has been.
City Administrator Kuntz said this is an expense that was not budgeted and funds will have to be transferred. If it is under $5,000, he asked for Board authorization to move forward. If it is over $5,000, a proposal will be brought back to the Board for approval. A voice vote of the Board was taken with a unanimous affirmative result.
Alderman Lembke suggested using advertising instead of music for the telephones when a call is on hold. This could be giving information about City of Ballwin events.
Closed Session: City Administrator Kuntz said that the closed session deals with real estate. Since there are two aldermen absent, he asked that the closed session be deferred to the next meeting on June 23. The Mayor and Board was in agreement.
Excavation Permits: City Administrator Kuntz said with all of the frequent sprinkler installations, there were still hardships. There were problems with call back, applying escrows and there is no history to justify putting this hardship on the residents. It is recommended that the escrow fee be eliminated, and the permit fee required. This will be more user friendly. Alderman Gatton asked if this is just for sprinkler systems. City Administrator Kuntz said this would be for things like driveways and irrigation systems in the right-of-way.
A motion was made by Alderman Gatton and seconded by Alderman Lembke to draft legislation to eliminate the escrow fee on Excavation Permits. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
Alderman Lembke said that part of the idea was to protect the City in case someone damaged and chose not to restore city property. The money would be available for the City to redo it. He asked if part of the new ordinance should be that the City has the right to do this. City Administrator Kuntz said the only part that will be affected is the area within the public right-of-way. If there was destruction of City property, a court action could be filed to get remedy. It will be required that the property owner and the contractor sign off on this with language that the City will take to municipal court if everything else fails to address the issue.
CITY ATTORNEY’S REPORT
Skateboard Park: Alderman Suozzi: Alderman Suozzi said she would like to establish a committee with knowledgeable people and resident input to discuss location, type of facility, etc. In the past, a much larger facility was being considered than what is now most likely to be proposed. City Administrator Kuntz said that it has to be enough of a facility that it will be used, otherwise the money will be wasted. Alderman Suozzi said that on the original request, the Skatepark Feasibility Committee determined that the cost would be about $200,000. They were trying to mirror what Kirkwood was providing in its ice rink. She does not want to spend $200,000 on this because it would serve such a small demographic population. Alderman Easter asked about liability insurance. City Attorney Lucchesi said this was a substantial problem the last time this was considered. Alderman Easter said this is probably not something that will be in the budget for next year because of the uncertain economy and funds. Alderman Buermann said he does not want to form a committee at this time because a skateboard park is a “want” and not a “need” item. There are a lot of needs to be filled first. Alderman Easter said the City should go slow on a facility such as this. Alderman Buermann asked if there are any State agencies that could help to provide information for the Parks & Recreation Committee. Director of Parks and Recreation Bruer said yes and she will check into it. Mayor Jones suggested that the aldermanic Parks & Recreation Committee meet to discuss the issue at the same time the North Pointe facility is reviewed.
Holloway Ridge: A motion was made by Alderman Easter and seconded by Alderman Lembke to remove the Holloway Ridge site development plan amendment issue from further discussion by the Board of Aldermen. A voice 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 Lembke to adjourn. The motion passed unanimously and the meeting was adjourned at 8:50 p.m.