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 7:03 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 April 14, 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.

OATH OF OFFICE / SECOND ROLL CALL

City Administrator Kuntz administered the Oath of Office to the newly elected aldermen who were incumbents: Press McDowell, Kenneth Buermann, James Robinson, and Ray Lembke for 2-year terms. A second roll call was taken with all of the above present.

CITIZEN COMMENTS

Angelo Dendrinelis, 839 Claymont Drive

Mr. Dendrinelis also raised the question of a trash hauling bid some 10 years ago in which he alleged that Ballwin threw out a low bid, rebid, and lost the good rate from the original low bidder.

City Attorney Lucchesi explained that the current contract has not expired and the City cannot bid the service without being in breach of the contract. The reason for negotiating the extension is that the City cannot legally terminate the contract at the present time and it needs the money at this time. A fourth class city is not obligated under Missouri law to bid anything if it can be done by contract and negotiation. Ballwin’s policy is not to utilize that approach on a regular basis. The City usually goes out to bid for the best price.

Mayor Jones said that over the last two years, City Administrator Kuntz met with various cities and explored options such as starting our own trash service, as well as putting out bids to other trash services and renegotiating with Midwest Waste. Ballwin has one of the most favorable contracts in the region at this time. Ballwin has negotiated a contract extension that preserves these good rates and holds the company to the standards of service that are expected, and also encourages recycling as a goal for the citizens of the City of Ballwin. This has been explored thoroughly.

City Administrator Kuntz said the low bidder 10 years ago was a small company that could not meet the bid specifications with respect to manpower, bonding, and insurance requirements. To operate and service 11,000 accounts Ballwin has specifications that require certain levels of liability insurance and a performance bond. This was a company that offered a low rate but was not large enough to serve Ballwin and could not meet the specifications for insurance and bonds. Subsequently, that company was bought out. There are only three residential refuse collection haulers in the entire St. Louis Metro region at this time that can accommodate a City the size of Ballwin.

Peter Pfeifer, 309 Claymont Drive

: Mr. Pfeifer said that the trash collection contract should be rebid. He suggested that since the City is in a budget crisis, that other expenses could be cut in addition to the recycling program. He said he is Vice President of the Claymont Association and Trustee. He suggested that notice be given to the residents before the sidewalk work begins along Claymont Drive this summer. He is concerned about the need for a barrier between North Pointe and the adjoining properties. The residents are concerned about the lighting and how this will affect their properties. He requested information from Parks and Recreation that he can present to the residents on Elmcrest as it relates to the progress and site barriers since the natural barriers are now gone.
: Mr. Dendranelos said that the refuse collection should be rebid to get the lowest price so that the City could continue to pay for recycling pickup instead of passing the charge to the residents. He asked if there is an ordinance that requires this service to be rebid.

AUDIT PRESENTATION

Dale Songer, of Larson Allen, presented an overview of the City’s financial condition for the fiscal period ending December 31, 2002. He said all of the financial statements provided are materially correct. The statement of revenue and expenses shows that during 2002, the city collect approximately $20 million in revenue while expenses were $22 million. The general fund had approximately $11.5 million in revenue and almost $12 million in expenses, for a decline in reserves after transfers of about $500,000. The fund balance changed from $2.8 million to $2.2 million. He recommended that the fund balance should not be allowed to decrease much further. The City must remain fiscally sound.

Mr. Songer said the accounting staff is small and there are not enough employees to fully separate all of the duties. City Administrator Kuntz said there is a vacancy to be filled in the Finance Department but no new positions are in the budget this year.

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3226 - AN ORDINANCE

EXTENDING THE CONTRACT FOR THE COLLECTION, REMOVAL, AND DISPOSAL OF GARBAGE, RUBBISH AND TRASH FROM THE PREMISES OCCUPIED BY SINGLE FAMILY RESIDENTIAL DWELLINGS WITHIN THE CITY BY ALLIED WASTE INDUSTRIES, INC., DBA MIDWEST WASTE (MIDWEST).

A motion was made by Alderman Suozzi and seconded by Alderman Lembke for a first reading of Bill No. 3226. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3226 was read for the first time.

A motion was made by Alderman Gatton and seconded by Alderman Lembke for a second reading of Bill No. 3226. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3226 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3226 with the following results: Ayes – Gatton, Robinson, Buermann, Lembke, Easter, Anderson, Suozzi. Nays – McDowell. Whereupon Mayor Jones declared Bill No. 3226 approved and it became Ordinance No. 03-22.

BILL # 3227 - 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 Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3227. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3227 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3227. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3227 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3227 with the following results: Ayes – Suozzi, McDowell, Lembke, Robinson, Gatton, Buermann, Easter, Anderson– . Nays – None. Whereupon Mayor Jones declared Bill No. 3227 approved and it became Ordinance No. 03-23.

BILL # 3228 - AN ORDINANCE AMENDING ORDINANCE NO. 557, KNOWN AS "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 ST. LOUIS COUNTY R-2 TO BALLWIN R-2A.

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a first reading of Bill No. 3228. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3228 was read for the first time.

Mayor Jones said this matter was on the Planning & Zoning Commission agenda on April 7. The commission voted unanimously to recommend approval of Z03-1.

A motion was made by Alderman Easter and seconded by Alderman Buermann for a second reading of Bill No. 3228. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3228 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3228 with the following results: Ayes – Easter, Robinson, Lembke, Anderson, Suozzi, McDowell, Gatton, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3228 approved and it became Ordinance No. 03-24.

BILL # 3229 - AN ORDINANCE AMENDING ORDINANCE NO. 557, KNOWN AS "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 ST. LOUIS COUNTY R-4 TO BALLWIN R-3.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3229. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3229 was read for the first time.

Mayor Jones said this item was on the agenda of the Planning & Zoning Commission on April 7. The commission members present voted unanimously to recommend approval.

A motion was made by Alderman Suozzi and seconded by Alderman Lembke for a second reading of Bill No. 3229. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3229 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3229 with the following results: Ayes – Suozzi, Robinson, Lembke, Anderson, McDowell, Buermann, Easter, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3229 approved and it became Ordinance No. 03-25.

 

Mayor Jones explained to the audience that the two areas referred to in the above two ordinances were both newly annexed by the City of Ballwin and the City is responsible to rezone the areas as quickly as possible but consistent with Ballwin’s Zoning Ordinance. By doing this, it becomes as close as possible to the existing St. Louis County zoning.

CONSENT ITEMS

A. Printing

B. Asphalt Overlays

C. Microsurfacing

D. Ammunition

E. Police Radios

Alderman Gatton asked for an explanation of Nova Chip. City Administrator Kuntz said that Nova Chip is a new pavement product that has a thickness between microsurfacing, which has been done for the past 2 years, and is a thin sealant, and an asphalt overlay, which traditionally is 1½ to 2 inches thick. The Nova Chip process compared to microsurfacing, uses a larger aggregate which is the stone that is mixed with the asphalt emulsion to create a stronger wearing surface. It is more expensive than microsurfacing, but it is less than half of what is paid for an overlay. Another advantage of the Nova Chip, besides the structural integrity, is that it is not so thick as to require grinding to prevent the elimination or covering up of the gutter, which is a very expensive part of the process. By taking the basic streets with the microsurfacing and introducing, on a limited basis, the Nova Chip to the alternate streets, and combining experience with several other cities, we will then have some historical data to be able to monitor and determine which product is best for what location.

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

Committee Assignments:

Annexation Committee:

President of the Board:

Liquor License:

May 26 Meeting:

A motion was made

Mayor Jones recognized and welcomed representatives from Boy Scout Troop 631.

by Alderman Buermann and seconded by Alderman Gatton to cancel the May 26 Board of Aldermen meeting due to the Memorial Day holiday. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
Mayor Jones suggested that the May 26 Board of Aldermen meeting be cancelled due to the Memorial Day holiday conflict.
Mayor Jones said the Ballwin Athletic Association has proposed an amended Liquor License to sell 5% instead of 3.2% beer. A voice vote was taken with 7 yes votes and Alderman Robinson voting no. The motion was declared passed and the new liquor license will be approved as requested.
Mayor Jones recommended re-appointed Senior Alderman Kay Easter as the President of the Board of Aldermen. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
Mayor Jones asked for aldermanic volunteers to serve on the Annexation Committee. Aldermen Easter, Anderson, Lembke, and Suozzi volunteered to serve on this committee.
Mayor Jones asked if any of the Board members wished to serve on a different committee. All members chose to serve on the current assigned committees at this time. Mayor Jones re-appointed the current aldermanic committees appointed Alderman Anderson to serve on the Parks & Recreation Committee.

CITY ADMINISTRATOR’S REPORT

Cul-de-sac Islands:

City Administrator Kuntz said that on April 29, there will be an open house/discussion and presentation for design improvements to New Ballwin Road at Morgan Selvidge School from 4-7 p.m. This is for the purpose of alleviating the congestion and creating a design that is sensitive to the high pedestrian activity and the large volume of traffic that travels everyday on New Ballwin Road. The message boards are on New Ballwin Road to publicize this event and notification has been made to the adjacent property owners to make them more aware of what is being considered. This is preliminary and will come back to the Board for final approval prior to bid solicitation. This will also be done in conjunction with St. Louis County to help mitigate the cost and for outside funding.

City Engineer Kramer has submitted design standards for cul-de-sac streets in new construction. This would be shortened to provide a greater turning radius for the trash collection trucks and snow plows. This is a step toward accommodating essential services and still protecting green space. Alderman Gatton asked if significant repairs are necessary to the islands, could the islands be re-designed to meet the new standards. City Administrator Kuntz said yes, and this is already being done on a case-by-case basis. This legislation will tell developers that this is the City’s new standard.

A motion was made

by Alderman Suozzi and seconded by Alderman Gatton to draft legislation necessary to make this change. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
City Administrator Kuntz described the City Engineer’s conceptual plan for traffic calming in the Castle Pines Subdivision. This is a design that was derived after consultation with outside experts. This will hopefully address the resident concerns and create a safer environment This project will be bid and the contract awarded so that construction can be completed prior to the start of the next school year.

CITY ATTORNEY’S REPORT

City Attorney Lucchesi said if Ballwin is planning to consider public financing for development of the area that has been under discussion in Olde Towne, it may best be done via a Chapter 353 Development Corporation. Presently, the City has no legislation to allow the creation of such a corporation. Direction is requested to proceed with the preparation of such enabling legislation.

City Administrator Kuntz said that the cancellation of the May 26 meeting has created some timing issues for the developer. His presentation needs to be made to the Board recognizing the time elements. Does the Board want the City Attorney to draft legislation or wait to hear from the developer. The developer will be at the May 12 meeting. He said there is presently no change in the ratio of residential to commercial in the plan. Alderman Easter said she is not in favor of legislation at this point.

A motion was made

by Alderman Robinson and seconded by Alderman Lembke to prepare the enabling legislation. A voice vote was taken with 7 yes votes and Alderman Easter voting no. The motion was declared passed.

ALDERMANIC COMMENTS

Alderman Gatton said he is happy with MoDOT’s doing away with the roundabout plans for Clayton and Kehrs Mill. A traditional intersection will be in the improvement plans and will be best for the residents of the City of Ballwin. Alderman Suozzi agreed that the 2-lane roundabout should be dropped, but she is in favor of a single lane roundabout. She is looking forward to a safer Clayton Road.

A motion was made by Alderman Easter and seconded by Alderman Buermann to adjourn. The motion passed unanimously and the meeting was adjourned at 8:02 p.m.
MC