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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 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 February 24, 2003 Public Works Committee meeting were submitted for approval. A motion was made by Alderman Gatton and seconded by Alderman Suozzi to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the February 24, 2003 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Easter 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.

CITIZEN COMMENTS

None.

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3218

- AN ORDINANCE APPROVING AN AMENDED SITE PLAN FOR THE HOLLOWAY RIDGE CONDOMINIUM IN THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI.

A motion was made by Alderman Easter and seconded by Alderman Anderson for a first reading of Bill No. 3218. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3218 was read for the first time.

Mayor Jones said this item was on the Ballwin Zoning Commission meeting agenda on February 3. The Commission recommended against this site plan amendment. Alderman McDowell said that the approved plan is burdensome to the condominium owners. He said the trail is located at the edge of the decks. The problem is with the wording of the R-4 ordinance, which requires 15% of recreational space. Telling the developer that he has to build this trail would not be in the best interest of the residents. He believes that leaving the trail as grass and not requiring the use of mulch is the best approach.

Mayor Jones said the Planning and Zoning Commission unanimously recommended rejection of this proposal. The Board of Aldermen does not have the administrative right to approve the alternate plan or waive the recreational requirement because it is a requirement for recreational opportunity. He said the Board of Adjustment could review this if the developer would file a petition to consider this as a variance.

Alderman Easter agrees with the residents’ concerns. She said the developer should be held responsible to do what he said he would do. She suggested that he be required to contribute the $3,500 that it would cost to build the trail to a sidewalk fund instead of building the trail. City Attorney Lucchesi said under the present ordinance, this cannot be done. Alderman McDowell said this would not have to be resubmitted to the Board. This would only be a variance to the development plan.

City Attorney Lucchesi believes that the Board should require the developer to build the trail. He does not think it will harm anybody’s property a year from now. Alderman McDowell said the regrading may create drainage problems.

Alderman Easter said this is a trail that wouldn’t be used by anyone except the property owners and they don’t want it. She said the plan should never have been approved to put the trail that close to the homes. Alderman Suozzi said if this developer is let off the hook, what will the next developer be allowed to do. Alderman Gatton said the money could be put to better use than building a trail that the owners don’t want.

Assistant City Administrator Aiken said the total area that the trail occupies just barely meets the 15% recreational requirement. He said the ordinance doesn’t say the trail has to be a mulch trail, just a walking trail.

Alderman Easter asked if the residents could go to the Board of Adjustment and request a variance or would the developer have to make this request. City Attorney Lucchesi said the owner could make the request as long as it conforms to the ordinance. Alderman McDowell said that since the residents in Holloway Ridge don’t want the trail, the developer should not be forced to build the trail that nobody wants. City Attorney Lucchesi said there are other major items that the developer has not resolved that are more important than the trail. Alderman Easter asked why the trail issue was brought to the Board of Aldermen if this is the case. Mayor Jones said any petitioner has a right to be heard. Alderman Gatton said he agrees with Alderman McDowell that this is an issue for consideration by the Board of Adjustment. He recommended that the developer submit a petition to the Board of Adjustment.

Alderman Buermann suggested telling the developer that the retaining wall and streets need to be completed. The alternative is that he could go before the Board of Adjustment. Perhaps a resolution could be determined before the next Board meeting. Mayor Jones said that the ordinance should not be changed just to suit this particular petition, which would affect the entire zoning classification. Alderman Easter said she would like to see the developer held responsible, in some fashion, for what he needs to do. Alderman Lembke said the issue should be put back in the hands of the developer because it is his responsibility.

Alderman Lembke suggested that Bill # 3218 be tabled for future consideration. The Board was in agreement. Mayor Jones declared Bill No. 3218 tabled.

BILL # 3222

- AN ORDINANCE SUBMITTING TO THE VOTERS FOR APPROVAL THE QUESTION REGARDING A FEE INCREASE FOR CERTAIN BUSINESS LICENSES, NAMELY NON GROSS RECEIPT BUSINESS NOT OTHERWISE PROVIDED FOR IN THE CODE OF ORDINANCES OF CITY.

A motion was made by Alderman Anderson and seconded by Alderman Gatton for a first reading of Bill No. 3222. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3222 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. 3222. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3222 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3222 with the following results: Ayes – Suozzi, Robinson, Easter, Lembke, Buermann, Anderson, McDowell, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3222 approved and it became Ordinance No. 03-18.

BILL # 3223

- AN ORDINANCE SUBMITTING TO THE VOTERS FOR APPROVAL THE QUESTION REGARDING FEE INCREASES FOR CERTAIN PETITIONS PROCESSED BY THE CITY.

A motion was made by Alderman Lembke and seconded by Alderman Easter for a first reading of Bill No. 3223. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3223 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3223. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3223 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3223 with the following results: Ayes – Robinson, Easter, Buermann, Lembke, McDowell, Suozzi, Anderson, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3223 approved and it became Ordinance No. 03-19.

BILL # 3224

- AN ORDINANCE AMENDING ORDINANCE 3-15 OF THE CITY OF BALLWIN WITH RESPECT TO THE APPROVAL OF A NEW TAX RATE FOR THE MANCHESTER ROAD SPECIAL BUSINESS DISTRICT IN THE CITY OF BALLWIN.

A motion was made by Alderman Lembke and seconded by Alderman Gatton for a first reading of Bill No. 3224. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3224 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Gatton for a second reading of Bill No. 3224. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3224 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3224 with the following results: Ayes – Suozzi, Easter, Robinson, McDowell, Lembke, Buermann, Gatton, Anderson. Nays – None. Whereupon Mayor Jones declared Bill No. 3224 approved and it became Ordinance No. 03-20.

CONSENT ITEMS

A. Van Lease

B. Pavement Assessment

C. Parks Mower

D. North Pointe Lockers

E. Golf Course Sprayer

F. Water Easement

G. Pool Change

H. Big Bend Landscaping

A motion was made

MAYOR’S REPORT – Valvoline, at 14925 Manchester Road, has changed ownership to Mark Boggiano. (Ordinance #1918 – 9/28/87)

 

Special Use Exception Transfer

A voice vote was taken with a unanimous affirmative result to approve the S.U.E. transfer and the motion was declared passed.

Meeting Cancellation

Refuse Collection Public Hearing

Cell Phone Tax Issue

CITY ADMINISTRATOR’S REPORT

Midwest Waste

Alderman Robinson said the residents are being told that if the City stops paying for the recycling pickup and the residents decide to pick it up, the cost to them will be $2.43 per month. If the City decides not to pick up the cost any longer, and the residents decide not to pick it up, there will neither be a mandatory or a voluntary plan, there will be an additional cost levied to the residents because of the additional bulk that will have to be picked up since the items are no longer being recycled. The actual cost to the residents would be $1.21. They will pay an additional $1.21 per household if there is neither voluntary nor mandatory recycling. The actual cost must be calculated by examining the additional cost that will be assessed if there is no recycling plan. Alderman Robinson said his understanding, based on communications with Mr. Lamantia, is that if the voluntary plan fails, the City will agree to pay an additional $1.20 per household for the additional bulk that will be picked up because it is no longer being recycled. The cost has to be paid by someone. Alderman Easter said this will be paid by the residents. Alderman Robinson said this has not been clarified if the additional amount will be picked up by the City or the residents. If it is moved to the residents, the residents need to be informed as to what the options are. Either the same plan is continued wherein the City pays $260,000 for recycling; switch to a voluntary recycling plan and it will cost $2.50 for each residence but a 35% threshold of participation is required; or a mandatory plan for $2.19 and the contract would be extended; or neither a mandatory or voluntary plan and the city would be charged an additional $1.21 per household because of the additional bulk which Midwest Waste will be picking up that is no longer being recycled. City Administrator Kuntz said he was never under the impression that the City was going to pay the $1.21. It would be passed on to the residents with the increased volume. Mayor Jones said that it was recommended in the Public Works Committee minutes that the City should no longer pay $260,000 for recycling. The Board still has to vote on this.

Olde Towne Re-development

Alderman Buermann wants to get the details buttoned down and up front. Alderman Easter said she would like to see more commercial development than was proposed. Alderman Gatton said he would like to see the discussions continue in order to refine the proposal.

A motion was made

CITY ATTORNEY’S REPORT

None.

ALDERMANIC COMMENTS

None.

Adjourn

Robert E. Jones, Mayor

ATTEST:

Robert A. Kuntz, City Administrator

MC

- A motion was made by Alderman Easter and seconded by Alderman Suozzi to adjourn. The motion passed unanimously and the meeting was adjourned at 8:00 p.m.
by Alderman Gatton and seconded by Alderman Anderson to allow staff to continue discussions with the Mills Group as a potential developer. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz at the last meeting, he gave the Board a proposal, in response to Ballwin’s Request For Proposal, for redevelopment of Phase 2 of the Ballwin Towne Center. He requested authorization for staff to begin discussions and get firm concepts for Board consideration and discussion at the next meeting.
– City Administrator Kuntz provided the Board with a letter from Midwest Waste requesting clarification on issues in advance of the Public Hearing to be held on April 14. If there are other issues or concerns for clarification, he asked that the Board contact him and he will communicate this to Midwest Waste. The purpose of the Public Hearing is to consider a proposal to substantially adjust the contract that Ballwin currently has with Midwest Waste.
– Ballwin has been contacted by some of the cities that are currently litigating over the cell phone tax issue. He recommended that Ballwin not enter into the lawsuit.
– This Public Hearing will be held on April 14 at 7:00 p.m. to discuss refuse collection and the various options to renegotiate the contract with Midwest Waste.
– The March 24 Board of Aldermen meeting has been cancelled.
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.