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

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
February 24, 2003

The meeting was called to order by Mayor Jones at 7:03 p.m.

PRESENT

Mayor Robert E. Jones
Alderman Press McDowell
Alderman Kenneth W. Buermann
Alderman Jane Suozzi
Alderman James Robinson
Alderman Charles Gatton
Alderman Ray Lembke
City Administrator Robert Kuntz
City Attorney Lionel Lucchesi
 

ABSENT

Alderman Bruce Anderson
 Alderman Kay Easter

 

The Pledge of Allegiance was given.

The Minutes of the February 5, 2003 Parks & Recreation Committee meeting were submitted for approval. A motion was made by Alderman Suozzi 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.

The Minutes of the February 10, 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.

CITIZEN COMMENTS

Bud Holgate, President of the Holloway Ridge Condominium Assn

Patrick O’Driscol, 449 Ivywood

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3217

- AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING CERTAIN USER FEES.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3217. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3217 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. 3217. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3217 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3217 with the following results: Ayes – Suozzi, Lembke, Gatton, Robinson, Buermann, McDowell. Nays – None. Whereupon Mayor Jones declared Bill No. 3217 approved and it became Ordinance No. 03-14.

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 McDowell and seconded by Alderman Robinson to table Bill No. 3218 until the March 10 meeting for further consideration. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

BILL # 3219

- AN ORDINANCE PROVIDING FOR AN ELECTION ON THE APPROVAL OF A NEW TAX RATE FOR THE MANCHESTER ROAD SPECIAL BUSINESS DISTRICT, SETTING THE PROPOSED TAX RATE, SPECIFYING THE DATE ON WHICH BALLOTS SHALL BE MAILED, ESTABLISHING THE FORM OF THE BALLOT, AND ESTABLISHING THE PROCEEDURE FOR OBTAINING BALLOTS BY THOSE ENTITLED TO VOTE.

A motion was made by Alderman Buermann and seconded by Alderman Robinson for a first reading of Bill No. 3219. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3219 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Suozzi for a second reading of Bill No. 3219. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3219 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3219 with the following results: Ayes – Robinson, Suozzi, McDowell, Gatton, Lembke, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3219 approved and it became Ordinance No. 03-15.

BILL # 3220

- AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF THE RIGHT-OF-WAY AT SEVEN TRAILS DRIVE IN THE CITY OF BALLWIN.

A motion was made by Alderman McDowell and seconded by Alderman Lembke for a first reading of Bill No. 3220. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3220 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. 3220. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3220 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3220 with the following results: Ayes – Suozzi, Robinson, McDowell, Lembke, Buermann, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3220 approved and it became Ordinance No. 03-16.

BILL # 3221

- AN ORDINANCE AMENDING CHAPTER 13, SECTION 13-22 and SECTION 13-24 PROVIDING FOR THE RECOVERY OF COSTS WITH RESPECT TO CERTAIN SERVICES PROVIDED BY THE CITY OF BALLWIN.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3221. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3221 was read for the first time.

Alderman McDowell complimented staff for the research and suggestion of this proposal.

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3221. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3221 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3221 with the following results: Ayes – Buermann, Lembke, McDowell, Robinson, Suozzi, Gatton,. Nays – None. Whereupon Mayor Jones declared Bill No. 3221 approved and it became Ordinance No. 03-17.

CONSENT ITEMS

A. Public Opinion Survey

B. Pool / Deck Furniture

C. Check Signatories

D. Salt

E. Staff Car

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

Extension Appointment – Mayor Jones said he will report back to the Board on March 10 regarding this appointment.

Phase II MSD Storm Water Application – Mayor Jones said this is a permit that must be signed in order to participate in the program sponsored by the Missouri Department of Natural Resources. It has already been signed by the Mayors of other cities in the area. He asked for approval of the Board for his signature on this application.

A motion was made

CITY ADMINISTRATOR’S REPORT

Flat Fee Business Licenses: City Administrator Kuntz said this is a recommendation to adjust the flat fee portion of the business license fee formula. Board approval was given at the last meeting to adjust the gross receipts portion of the business license. A flat fee is paid by businesses that do not generate retail sales. He recommended a combination $100 minimum fee and a 10¢ per square foot charge would put this license on average with the other communities in the area. This reflects the economics of the situation. This would be a $100 minimum or a 10¢ per square foot charge, whichever is larger. This would be a November ballot issue.

A motion was made

Petition Fees: City Administrator Kuntz said this is regarding an adjustment in the petitioning fees to reflect the increasing cost of advertising and staff time involved in the review. This also would be a November ballot issue. This is an analysis based on the actual cost.

A motion was made

Kehrs Mill / Holloway Signal / Roadway: City Administrator Kuntz said this roadway is proposed for reconstruction and improvement in 2004. The professional services must be done in 2003 for bid preparation. This was not a consent item because the City Engineer is recommending Kuhlman Design Group, the second lowest bid, on the roadway design work. One contract is for the signal specifications and plans proposal by Crawford, Bunte, Brammeier, and the other is for the engineering and design work by Kuhlman. Both are within budget for the project. The low bidder was judged to not have the minimum experience and qualifications for this work.

A motion was made

Alderman Suozzi said a resident who lives at that intersection has expressed concern about getting in and out of his driveway. She would like this concern to be considered in the design proposal.

2003 Street Improvements: City Administrator Kuntz said in the efforts to provide expanded street improvements on a cost effective basis, he asked the Board to approve the use of NovaChip instead of microsurfacing in limited applications. This will give a structural improvement to the roadway.

Ballwin Towne Center Redevelopment: City Administrator Kuntz said the proposal will be reviewed for the redevelopment of Ballwin Towne Center. Additional information will be provided at the next Board meeting.

CITY ATTORNEY’S REPORT

City Attorney Lucchesi said he has served complaints concerning The Pointe. Settlements have not been determined.

ALDERMANIC COMMENTS

Alderman Suozzi said the Public Works Committee met with Midwest Waste regarding the recycling program. The proposal was made to increase the recycling bill to $2.43 with an opt out option being offered to the residents. She asked City Attorney Lucchesi to review the proposed change to the contract with Midwest Waste. She asked that the Committee minutes be prepared so that the Board can understand what was discussed and the motion that was made.

Alderman Robinson asked if these changes can be made without going out to bid. City Attorney Lucchesi said there is no requirement for a 4th class city in the State of Missouri to bid anything. Ballwin uses the bid process because it’s the smart thing to do, but there’s no requirement. The extension could be done without a bid.

Alderman Robinson said a public hearing on the Midwest Waste contract should not be held at the same meeting where salient legislation is presented. This gives the appearance that the decision has already been made regardless of the outcome of the public hearing.

Alderman Gatton suggested a public hearing at the first meeting in April regarding the change to the contract. Legislation could then be presented at the 2nd meeting in April.

Mayor Jones said the contract is in effect until December 31, 2004. It wouldn’t be put out for bid at this time anyway. Putting it out for bid would be premature.

A motion was made

Adjourn: A motion was made by Alderman Buermann and seconded by Alderman Lembke to adjourn. The motion passed unanimously and the meeting was adjourned at 7:50 p.m.
MC

by Alderman Robinson and seconded by Alderman Buermann to hold a public hearing at the April 14 Board meeting and prepare a proposal, not legislation, for consideration at this meeting. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman McDowell and seconded by Alderman Lembke to accept the proposals from Kuhlman Design Group and Crawford, Bunte, Brammeier. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Lembke and seconded by Alderman Suozzi to proceed with the preparation of an ordinance to put the Petition Fees on the November ballot. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Robinson and seconded by Alderman McDowell to proceed with the preparation of an ordinance to put the flat fee business license issue on the November ballot. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Gatton and seconded by Alderman Buermann to authorize Mayor Jones to sign this document. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: Mr. O’Driscol said asked if the yard waste could be picked up on Mondays and Tuesdays, because when it isn’t picked up until Friday, it smells bad. He complimented Ballwin on the good quality of the snow removal.
: Mr. Holgate said the Association submitted a petition to the Board asking for relief from the construction of a walking trail around the perimeter of the subdivision. Bruno Homes submitted the proposal and it was not well-planned and presents a hardship on the residents of the subdivision, due to tight space, grade of property, sewer in the way, and the lack of security and privacy. In some cases there are bedrooms only 10 feet from the trail. This trail would be a mulch trail, and due to the excessive drop off in landscape, the trail would wash out in a rain storm. This would be a short trail and not useful.