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CITY OF BALLWIN – 300 PARK DRIVE

February 10, 2003


 

 

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 

 

PRESENT

ABSENT

Mayor Robert E. Jones

Alderman Kay Easter

 Alderman James Robinson

Alderman Press McDowell

 

Alderman Kenneth W. Buermann

 

Alderman Jane Suozzi

 

Alderman Bruce Anderson

 

Alderman Charles Gatton

 

Alderman Ray Lembke

 

City Administrator Robert Kuntz

 

City Attorney Lionel Lucchesi

 

CITIZEN COMMENTS

Dean Whitworth, 209 Oakwood Farms Ct.

Patrick O’Driscol, 449 Ivywood

: Mr. O’Driscol requested that the yard waste be picked up earlier in the week instead of Fridays because he does his yard work on the weekend and the waste has to sit in the container a full week before the next pickup. He spoke in favor of recycling and the many uses of recycled items. He asked that Ballwin to be more supportive and conservation minded in its operations. He would like to see a recycling center set up for items such as cardboard to save trees. Mayor Jones said that the City is looking at various recycling options at this time. Alderman Buermann said that the statistics show that out of the 38 cities that Midwest Waste serves, Ballwin rates second in recycling.
: Mr. Whitworth presented a letter to the Board of Aldermen with complaints about the Ballwin Police Department. He requested an investigation be conducted. Mayor Jones said the Board cannot comment on matters that are before the municipal court. Mr. Whitworth said these matters are not before the court. He asked the Board to read and carefully consider his letter.

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3214

- AN ORDINANCE AMENDING CHAPTER 7, SECTION 7-223, CHAPTER 22, SECTION 22-24(a)(1), CHAPTER 22, SECTION 22-60, CHAPTER 7, SECTION 7-86, AND CHAPTER 7, SECTION 7-41 PROVIDING FOR THE RECOVERY OF COSTS WITH RESPECT TO CERTAIN SERVICES PROVIDED BY THE CITY OF BALLWIN.

A motion was made by Alderman Easter and seconded by Alderman Buermann for a first reading of Bill No. 3214. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3214 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Lembke for a second reading of Bill No. 3214. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3214 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3214 with the following results: Ayes – Suozzi, McDowell, Easter, Anderson, Buermann, Gatton, Lembke. Nays – None. Whereupon Mayor Jones declared Bill No. 3214 approved and it became Ordinance No. 03-11.

BILL # 3215

- AN ORDINANCE AMENDING SEC. 16-52 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI, DEALING WITH THE APPOINTMENT OF THE CLERK OF THE BALLWIN MUNICIPAL COURT.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3215. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3215 was read for the first time.

Mayor Jones said this will make the process of hiring a Court Clerk the same as any other full-time city employee and will no longer be an appointment by the Mayor.

A motion was made by Alderman Gatton and seconded by Alderman Suozzi for a second reading of Bill No. 3215. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3215 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3215 with the following results: Ayes – Gatton, Easter, Suozzi, Lembke, Anderson, McDowell, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3215 approved and it became Ordinance No. 03-12.

BILL # 3216

- AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING SCHEDULE K, SEC. 15-486 ENTITLED COMMERCIAL VEHICLES PROHIBITED, TO PROHIBIT SUCH VEHICLES ON JEFFERSON BETWEEN BALLPARK DRIVE AND RIES ROAD IN THE CITY OF BALLWIN.

A motion was made by Alderman McDowell and seconded by Alderman Buermann for a first reading of Bill No. 3216. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3216 was read for the first time.

Mayor Jones said this is to prohibit certain commercial vehicles, not to close Jefferson Avenue, as was suggested in the newspaper.

A motion was made by Alderman Lembke and seconded by Alderman Suozzi for a second reading of Bill No. 3216. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3216 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3216 with the following results: Ayes – Lembke, McDowell, Suozzi, Buermann, Easter, Gatton, Anderson. Nays – None. Whereupon Mayor Jones declared Bill No. 3216 approved and it became Ordinance No. 03-13.

CONSENT ITEMS

A. Concession Equipment

B. Log Home Rehab

A motion was made

by Alderman Buermann and seconded by Alderman Anderson 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 the University of Missouri Outreach Extension Council has been well served by Dan Sodoti as Ballwin’s representative for a 2-year term. His term expires on March 31, 2003. Because of the large number of applicants in the past who expressed interest in this position, Mr. Sodoti is willing to step aside to accommodate new representation. Mayor Jones said he will update the Board on this during the March 10 Board of Aldermen meeting.

Alderman Gatton asked for an explanation of the duties of this position. Mayor Jones said the University of Missouri has a program that deals with agricultural issues. Their office is in Clayton. They publish literature and reports, and assist callers with questions from gardening to how to qualify their crops under a USDA program for assistance. They also assist residents with creek bank erosion problems.

Legislative Conference: Mayor Jones said the Missouri Municipal League Legislative Conference will be held February 26 and 27 in Jefferson City. Openings are still available.

CITY ADMINISTRATOR’S REPORT

Walking Pass: City Administrator Kuntz said it is proposed by the Parks Department to create a Walking Pass to provide walking-only privileges on the indoor track weekdays from 10:00 a.m. – 2:00 p.m. The price would be a 10-visit card for $15.00.

A motion was made

Seven Trails Right-of-Way: City Administrator Kuntz said this issue is regarding the Seven Trails Drive right-of-way as it is presently configured at the intersection with Holloway Road. Since the property owner has expressed interest in constructing an entry monument and sign at this location, this is an opportunity to clean up the right-of-way and bring it to the standards that are common throughout the City. The excess right-of-way would go to Seven Trails West Apartments. City Administrator Kuntz said it is better to keep the issue of the sign proposal at Manchester and Seven Trails Drive separate. The sign will have to adhere to Ballwin’s regulations and setbacks.

A motion was made

Housing Inspections: City Administrator Kuntz said two years ago the Housing Inspection fee was increased to $65.00. An analysis was recently done to determine the fee necessary to recover the cost of an inspection, which is $89.00. It is proposed to increase the Housing Inspection fee to $100 to recover costs and to prevent having to request an additional increase soon thereafter for the same purpose. In doing this, he recommended that the $5.00 Occupancy Permit fee be eliminated. The Housing Inspection is usually paid by the seller and the Occupancy Permit is paid for by the new buyer. Assistant City Administrator Aiken said that the increase two years ago to $65.00 did not completely cover the cost at that time. It was an effort to come closer to the actual cost which was almost $89.00 two years ago. Alderman Easter asked if Ballwin and Metro West inspect the same items. Assistant City Administrator Aiken said they do not inspect all of the same items. Only a few items are duplications such as smoke detectors and checking the fire door between the house and garage. The Fire District inspectors check the attic, crawl space, and they take the electrical box apart for examination, etc. The overlap is probably less than 10%.

Alderman Easter asked how many house inspections have critical items to be repaired. City Administrator Kuntz said that three out of four require a re-inspection. A re-inspection fee was considered, but it was feared that this could become confrontational and an administrative problem as well. The resident may not have wanted to have the inspection in the first place, and now not only do they have to be there again when the inspector comes back, but there would be another fee. From a public relations standpoint, this may not be a good approach.

City Administrator Kuntz said that the apartment inspections program loses $2.99 per inspection, which is approximately $1,854 per year. A change is not recommended for apartment inspections. The commercial inspections produce approximately $35 profit per inspection. This is approximately $1,941 per year. Alderman Buermann said the inspections program has cost the City money every year since it was instituted because the City has not charged fees equal to the true cost of the program. City Administrator Kuntz said that with this change, it will come very close. He said since Metro West Fire District also does inspections, he would like to eventually have the application forms for both organizations available at both locations.

Alderman Easter asked if this can be raised without a vote of the citizens. City Attorney Lucchesi said because this is a recovering cost increase, this can be done without a vote.

A motion was made

Business Licenses: City Administrator Kuntz said the fee structure has been in place since 1980. Several other municipalities were surveyed and the result is that the 75¢ per thousand is below the average. The recommended $1.00 per thousand is closer to the average fee. This is not an excessive amount compared to what other neighboring municipalities are charging. It will require a vote of the citizens to increase this fee. He recommended that this be on the November, 2003 election ballot. Ballwin shouldn’t incur the cost of a special election for one issue. This is for businesses that are using the gross receipt method of payment. The flat fee business formula is also being considered at this time. This will be presented at the February 24 Board meeting.

A motion was made

Ballwin / Ellisville Boundary Adjustment: City Administrator Kuntz said he would like to hold this item over until the next Board of Aldermen meeting, pending further discussion to make sure of the intent and implications.

by Alderman Easter and seconded by Alderman Gatton to pursue the concept for future ballot initiative regarding Business License fees. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Easter and seconded by Alderman Anderson to draft legislation to increase the Housing Inspection fee to $100 and eliminate the $5 Occupancy Permit fee. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Gatton and seconded by Alderman Anderson to draft an ordinance to vacate the excess right-of-way to the adjacent property owner. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Anderson and seconded by Alderman Easter to approve the Walking Pass program fee. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

CITY ATTORNEY’S REPORT

Special Improvement District: City Attorney Lucchesi said he has been in contact with the St. Louis County Election Commission and it has said that Ballwin should hold this election. The Commission will not do this. He suggested that at the next Board meeting, the City order a special election for the Special Business District. This could be done by mail. Ballots would have to be mailed no later than March 11, 2003, and the ballots would have to be back by April 22, 2003. The tax would be imposed in 2004. A newspaper notice could be published stating that if someone believes they should have received a ballot but did not receive one, they could come to the Government Center, show proof that they should have received a ballot, and pick one up. He said eligibility to vote is being a property owner in the Special Improvement District or having a business in that district. The property owners would get one vote. The business owners would get one vote. If the property owner is also the business owner, they would get one vote.

A motion was made

by Alderman Lembke and seconded by Alderman Gatton to draft legislation to authorize the special election. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

ALDERMANIC COMMENTS

Recreation Program Rates: Alderman Easter said the Parks and Recreation Committee met on February 5 regarding recreation rates, including the proposed North Pointe Aquatic Center rates. She said the committee agreed to recommend to the Board an increase of 10% for all Pointe membership fees. The Walking Pass was also recommended at The Pointe. The North Pointe Aquatic Center would be open to both residents and non-residents on a daily basis or by purchasing an annual season pass. Since 40% of the memberships at The Pointe are non-residents, it is recommended that non-residents be allowed to purchase memberships at the aquatic center. This could change in the future. Mayor Jones said that the non-resident rate will help subsidize this for the residents without being overcrowded.

Alderman Gatton asked if the 10% increase and projected fees at North Pointe will adequately cover the projected operating expenses. Director of Parks and Recreation Bruer said the 10% increase at The Pointe will bring the operation close to break even. The Pointe is 95% cost recovery for 2002. The Pointe has 300 more memberships over last year at this time.

Alderman McDowell asked about a calendar of activities at The Pointe. Alderman Gatton said the website, which is

Alderman Lembke was elected chairman of this committee.

A motion was made

Logo Applications: Alderman Lembke said the logo committee agreed with staff to eliminate the half circle at the top of the logo. The new logo will be the primary logo of the City and will be phased in over time. The Departments will be allowed to accompany the new logo with the current department logo, at the Department Head’s discretion. All City signage and vehicles will have the new logo. The department logo can also be used secondary to the primary logo. As signs need to be replaced, the change would then be made.

A motion was made

Refuse Options: Alderman Suozzi said that the Grant application submitted to St. Louis County for recycling was denied because Ballwin already has a program in place. They are interested in funding new recycling programs.

Tony Lamantia, Midwest Waste’s Municipal Account Representative, said that there were four other cities that had submitted recycling grant applications and all four were denied. He said that Midwest Waste currently receives $13.22 per month per residence. This is for trash, recycling, and yard waste. Of that amount, the City is paying $2.19 for the recycling. To transfer the recycling to the customers, Midwest Waste said that billing costs would be another 51¢ added to the bill. If the residents pay for trash, recycling, and yard waste, and the billing cost, they would pay $13.73. It would also require a 3% increase for the first year would be a total of $14.14, the increase for the second year would be to $14.56. He proposed a 21-month program with trash, recycling, and yard waste for $13.95. Instead of the residents paying $14.56 after the second year, the price would still be $13.95. This rate would be for once per week pick up.

Mr. Lamantia said if the City goes out to bid for the service, the prices will be substantially higher. For Midwest Waste to bill the residents for recycling instead of billing the City, all of the rates have to be adjusted.

Alderman Suozzi suggested that since this is a complicated issue, that further discussion be held in a Public Works Committee meeting. The Board agreed that the Public Works Committee will meet on February 24, at 6:15 p.m., prior to the Board of Aldermen meeting.

Alderman Gatton asked if there is any solution to Mr. O’Driscol’s request, during the Citizen Comments, regarding yard waste not being picked up in his area until Friday. Mr. Lamantia said he will look into the situation and see if there is a possible solution.

Alderman McDowell requested a comprehensive list of the rates for discussion. He also asked for a performance guideline for missed pickups. He requested a refund when pickups are missed.

Alderman Buermann requested a comparison list of rates that other cities are paying for the service. City Administrator Kuntz said that staff can prepare this list.

Alderman Gatton complimented the Arts Commission on their restructured activities. An art fair is scheduled in the Spring and encouraged their continued progress.

Adjourn: A motion was made by Alderman Easter and seconded by Alderman Buermann to adjourn. The motion passed unanimously and the meeting was adjourned at 8:20 p.m.
MC

by Alderman McDowell and seconded by Alderman Gatton to approve the recommendations of the committee. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Gatton and seconded by Alderman Suozzi to draft an ordinance to adopt the fees recommended by the Parks and Recreation Committee. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
www.ballwin.mo.us, has a current listing of activities. Director of Parks and Recreation Bruer said this information is also published in the "Horizon" and in the two Parks program brochures. She said that flyers are provided to the schools in Ballwin.

 

The Pledge of Allegiance was given and led by the Brownies and Girl Scouts from St. Joseph’s School.

The Minutes of the January 27, 2003 Public Works Committee meeting were submitted for approval. A motion was made by Alderman Suozzi and seconded by Alderman Gatton to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the January 27, 2003 Board of Aldermen meeting 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.

 

The meeting was called to order by Mayor Jones at 7:00 p.m.