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 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 January 13, 2003 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Gatton 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

Vadim Adamov, 411 Glan Tai, Manchester

Dean Whitworth, 209 Oakwood Farms Ct.

Vivian Maurice, 139 Country Creek

: Ms. Maurice said that Ballwin does not enforce the illegal dumping in creeks. She said there are people in her neighborhood that are dumping yard waste in the creek and are not using the pick up service. She also said she does not want to eliminate or curtail the weekly yard waste pick up service.
: Mr. Whitworth said he sent a letter to the Board of Aldermen but has not had a response. City Administrator Kuntz said this letter was referred to the City Attorney for a response. Mr. Whitworth said he is a law-abiding citizen and does numerous charitable works. He wants to know the procedure to file a complaint about the ongoing pattern of harassment at his house by the Ballwin Police Department. He said he reported that $4,000 of damage has been done to his property. He told the Police who did it, when and how it was done. He said his inquiries at the Police Department have resulted in responses that they are working on it, or they can’t find a police report. Mayor Jones said this issue is before the Municipal Court and, therefore, the Board cannot comment at this time. He said Mr. Whitworth will receive a response to his letter from the City Attorney.
: Mr. Adamov said he is running for the Parkway Board of Education. The election will be held on April 8. He said he can be reached at (636) 256-0091.

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3206 - AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING SECTION 15-482 SCHEDULE G ENTITLED PARKING PROHIBITED AT ALL TIMES.

A motion was made by Alderman Easter and seconded by Alderman Buermann for a first reading of Bill No. 3206. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3206 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. 3206. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3206 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3206 with the following results: Ayes – Suozzi, McDowell, Robinson, Lembke, Anderson, Easter, Buermann, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3206 approved and it became Ordinance No. 03-03.

BILL # 3207 - AN ORDINANCE ACCEPTING WINDY ACRES SUBDIVISION STREETS FOR PUBLIC MAINTENANCE AS PROVIDED FOR IN THE CODE OF ORDINANCES OF THE CITY OF BALLWIN

..

A motion was made by Alderman Anderson and seconded by Alderman Buermann for a first reading of Bill No. 3207. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3207 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Lembke for a second reading of Bill No. 3207. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3207 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3207 with the following results: Ayes – Robinson, Lembke, Suozzi, Easter, Buermann, McDowell, Gatton, Anderson. Nays – None. Whereupon Mayor Jones declared Bill No. 3207 approved and it became Ordinance No. 03-04.

BILL # 3208 - AN ORDINANCE AMENDING CHAPTER 7, SECTION 7-87 ENTITLED LANDSCAPE SPRINKLER AND IRRIGATION SYSTEMS, AND ADDING A NEW SECTION 24-57 LANDSCAPE SPRINKLER AND IRRIGATION SYSTEMS OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3208. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3208 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Anderson for a second reading of Bill No. 3208. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3208 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3208 with the following results: Ayes – Suozzi, Anderson, McDowell, Gatton, Easter, Lembke, Buermann, Robinson. Nays – None. Whereupon Mayor Jones declared Bill No. 3208 approved and it became Ordinance No. 03-05.

BILL # 3209 - AN ORDINANCE AMENDING CHAPTER 16 SECTION 16-3, ENTITLED "COURT COSTS" BY INCREASING THE COST OF WARRANTS ISSUED.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3209. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3209 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. 3209. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3209 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3209 with the following results: Ayes – Easter, Robinson, McDowell, Suozzi, Buermann, Lembke, Anderson, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3209 approved and it became Ordinance No. 03-06.

BILL # 3210 - AN ORDINANCE AMENDING THE SPECIFIC AND GENERAL PENALTY IN THE CODE OF ORDINANCES BY INCREASING THE FINE FROM NOT EXCEEDING $500.00 AND COSTS TO NOT EXCEEDING $1,000.00 AND COSTS IN THE CITY OF BALLWIN.

A motion was made by Alderman Robinson and seconded by Alderman Gatton for a first reading of Bill No. 3210. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3210 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. 3210. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3210 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3210 with the following results: Ayes – Easter, Suozzi, Robinson, Gatton, McDowell, Lembke, Buermann, Anderson. Nays – None. Whereupon Mayor Jones declared Bill No. 3210 approved and it became Ordinance No. 03-07.

BILL # 3211 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO CHINA FIRST FOR A RESTAURANT WITH CARRYOUT (NO LIVE ENTERTAINMENT).

A motion was made by Alderman Anderson and seconded by Alderman Gatton for a first reading of Bill No. 3211. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3211 was read for the first time.

Mayor Jones said this matter was on the Planning and Zoning Commission agenda on January 6, 2003. It was recommended favorably by the Commission. Alderman Suozzi expressed concern that the alley behind the establishment be kept in better condition than previously. She asked for their cooperation regarding the traffic situation along Manchester Road. Assistant City Administrator Aiken said he has not had any communication from the owner of the plaza. The leasing company expressed the possibility of raising the height of the fence that is only 4 feet tall and installing sight-proofing material.

A motion was made by Alderman Suozzi and seconded by Alderman Gatton for a second reading of Bill No. 3211. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3211 was read for the second time.

Mayor Jones said that this is a request for a Special Use Exception. In order to vote in favor of this S.U.E., this Board has to find that the petition would not substantially increase traffic hazards or congestion; would not adversely affect the character of the neighborhood; would not adversely affect the general welfare of the community; would not over-tax public utilities; would not adversely affect public safety and health; is consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the District; and can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.

A roll call was taken for passage and approval of Bill No. 3211 with the following results: Ayes – Suozzi, Easter, Buermann, Robinson, Lembke, Anderson, Gatton, McDowell. Nays – None. Whereupon Mayor Jones declared Bill No. 3211 approved and it became Ordinance No. 03-08.

BILL # 3212 - AN ORDINANCE APPROVING THE PRELIMINARY SITE PLAN OF INTERNATIONAL EXCHANGE CORP. IN THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI.

A motion was made by Alderman Gatton and seconded by Alderman Buermann for a first reading of Bill No. 3212. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3212 was read for the first time.

Mayor Jones said this was on the Planning and Zoning agenda of January 6, 2003. The commission members voted unanimously to recommend approval of this petition, which was Z02-5, including all of the staff report recommendations. Alderman McDowell asked if the petitioner has agreed to all of the staff report recommendations. The petitioner agreed. Alderman McDowell asked if it is their intent to provide the requested right and left turn access lanes. The petitioner said they will do what the County Highway Department requires.

A motion was made by Alderman Lembke and seconded by Alderman Gatton for a second reading of Bill No. 3212. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3212 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3212 with the following results: Ayes – Lembke, McDowell, Robinson, Suozzi, Anderson, Gatton, Buermann, Easter. Nays – None. Whereupon Mayor Jones declared Bill No. 3212 approved and it became Ordinance No. 03-09.

BILL # 3213 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO INTERNATIONAL EXCHANGE CORP. FOR FRONT YARD PARKING.

A motion was made by Alderman Robinson and seconded by Alderman Easter for a first reading of Bill No. 3213. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3213 was read for the first time.

Mayor Jones said this matter was on the January 6, 2003 Planning and Zoning agenda. The commission members voted unanimously to recommend approval of that petition, which was SUE 02-7, implementing the staff report recommendations, including the fence.

A motion was made by Alderman Easter and seconded by Alderman Lembke for a second reading of Bill No. 3213. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3213 was read for the second time.

Mayor Jones said that this is a request for a Special Use Exception. In order to vote in favor of this S.U.E., this Board has to find that the petition would not substantially increase traffic hazards or congestion; would not adversely affect the character of the neighborhood; would not adversely affect the general welfare of the community; would not over-tax public utilities; would not adversely affect public safety and health; is consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the District; and can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.

A roll call was taken for passage and approval of Bill No. 3213 with the following results: Ayes – Easter, Robinson, Suozzi, Buermann, Lembke, McDowell, Gatton, Anderson. Nays – None. Whereupon Mayor Jones declared Bill No. 3213 approved and it became Ordinance No. 03-10.

CONSENT ITEMS

A. Shade Umbrellas

B. Yard Expansion

C. Finance Furniture

D. Sewer Easement

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

Appointments

A motion was made

Mayor Jones submitted Carol Baldwin and Fern Whitmire for reappointment to the Ballwin Historical Commission, and recommended Irene Wirsing of 110 Lock Drive as a new appointment.

A motion was made

Workshop / Retreat

A motion was made

Mayor Jones suggested Saturday, April 26 or May 3 for the Workshop/Retreat. The Board agreed on Saturday, April 26, at 8:00 a.m. for the Workshop/Retreat.

Citizens Academy

Special Use Exception Transfer

A motion was made

by Alderman Robinson and seconded by Alderman McDowell to approve the transfer of the Special Use Exception. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: Mayor Jones said this request is for Batter’s Up at 14918 Manchester Road, by Karl and Star McKay. This request was received after the Board Agenda had been completed. This is a transfer request from George Hames, Jr., who currently holds the S.U.E. There will be no change in the nature of the operation.
: Mayor Jones said the next session will commence on Tuesday, February 18, at 6:30 p.m.. He asked for an aldermanic volunteer to address the group and explain aldermanic duties. Alderman Lembke volunteered for this session. City Administrator Kuntz explained to the audience in attendance that the Citizens Academy is a local government educational/ informational program, meeting on consecutive 5 Tuesdays. Each department hosts a session and gives an overview of its function. Anyone interested in attending should contact Haley Morrison, Human Resource Coordinator. The Police Academy is conducted in the Fall.
by Alderman Gatton and seconded by Alderman McDowell to cancel the March 24 Board of Aldermen meeting. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: Mayor Jones suggested a Saturday morning session to allow more time for discussions. He suggested canceling the March 24 regular Board of Aldermen meeting, since this will be during spring break for Rockwood and Parkway School Districts.
by Alderman Buermann and seconded by Alderman Anderson to accept these appointments. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Suozzi and seconded by Alderman Lembke to accept this appointment. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: Mayor Jones submitted for approval the reappointment of Pat McDermott as co-chairman of the Ballwin Days Committee for a 2-year term through December, 2004. He noted that the other co-chairman’s term (Mr. Vincent) will expire December, 2003.

CITY ADMINISTRATOR’S REPORT

HENRY AVENUE GUARDRAIL

A motion was made

by Alderman Lembke and seconded by Alderman Gatton to approve Ballwin’s participation in the Henry Avenue guard rail purchase and installation up to $2,890 or half, whichever is the lesser amount. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz said this is a proposal from the City of Manchester to participate with them in the purchase and installation of a guard rail on Henry at the bend on the east side, which has been the site of accidents that are causing property damage to one of their residents. Drivers are going off the roadway and into the resident’s fence. This has happened several times in the past few years. He said this is a reasonable precaution. This is Ballwin’s roadway responsibility since this section of roadway is in the City of Ballwin. The maximum exposure would be $2,890 based on the engineer’s estimates.

TRUCKS ON JEFFERSON

A motion was made

by Alderman Robinson and seconded by Alderman McDowell to authorize staff and the City Attorney to draft legislation to restrict this type of traffic on Jefferson Avenue. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz said this is regarding the reconfigured Jefferson Avenue. The recommendation from staff is that the Board consider prohibiting tractor trailer traffic along this roadway. Any local delivery can be accommodated directly without using that street. Alderman Suozzi said the original intent was for the trucks to use Manchester Road for access.

INDEMNIFICATION REQUEST

A motion was made

by Alderman Robinson and seconded by Alderman Lembke to approve the indemnification. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz said that occasionally, when one of our employees is involved in the course of the performance of their duty, in a civil lawsuit, they have requested and been granted personal indemnification by the City for the legal defense that is necessary. This case is regarding a situation that occurred several months ago. The officer has asked for indemnification. This is not an unusual request. This has been done in the past. Alderman Robinson asked Police Chief Biederman if there is any reason this should not be granted. Chief Biederman said absolutely not.

POINTE FEES

Alderman Suozzi asked about the purpose of the cash only requirement for the Pointe plus membership. Some people may already have a Pointe membership and want to add on the pool. This would be a substantial amount of money for a family to pay in cash. Director of Parks and Recreation Bruer said this is an administrative issue, and if someone paid on a debit basis, it could be managed by stopping the debit. She said this will need further consideration. Alderman Buermann said that $575 is a lot of money for a family to pay. Mayor Jones suggested that by the second meeting in February, a decision needs to be made for the Parks and Recreation brochures publication. Alderman Robinson suggested publishing or posting a list of the fees for other facilities so that a comparison can be made, and showing that Ballwin has the best fees. Alderman McDowell said the Pointe speaks for itself and we don’t need to justify what is being provided to the residents and non-residents. This is a family oriented facility.

A motion was made

by Alderman Easter and seconded by Alderman Anderson to discuss the fees in the Parks and Recreation Committee meeting on Wednesday, February 5, at 5:00 p.m. at the Government Center, 14811 Manchester Road. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz said this is regarding the recommended fee schedule for North Pointe, some revisions for the Pointe At Ballwin Commons, and an increase in the bandwagon rental fee. The purpose is to be competitive and desirable in terms of a recreational value; to recover costs but not too high that they will choose the competition. This will also encourage non-resident participation and hopefully to become members of the new facility. The non-resident daily admissions are projected to bring in $128,000 in 2003.

BUILDING PERMITS

A motion was made

by Alderman Robinson and seconded by Alderman McDowell to prepare legislation for the fee adjustments. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz said this is a recommendation from the Administration Department to adjust certain fees to bring the revenue in line with the costs for inspection services. These are user fees to recover costs, not to be a revenue generator. On that basis, a vote of the residents is not required.

CALENDAR OPTIONS

– City Administrator Kuntz said that as a part of his efforts to identify cost savings opportunities, Human Resource Coordinator Morrison has been contacting other cities regarding city calendars. There are a lot of cities that don’t publish calendars at all, and others that discontinued the publication. Samples were provided of different options of calendar formats to lower costs. This will also be addressed in the Public Opinion Survey. Another option would be to not mail out the calendars, but have them available for residents at all city facilities. Alderman McDowell asked about advertisers purchasing space to help with the cost. Human Resource Coordinator Morrison said this concept was tried with the 50 Year Anniversary Celebration publication in 2000. Every licensed business (203) received a letter inviting their participation. Only 3 businesses participated. Mayor Jones said he likes the idea of providing the calendar at the Ballwin facilities. Alderman Anderson suggested waiting for the results from the survey before making a decision.

NEW BALLWIN ROAD

– City Administrator Kuntz said that attempts are being made to come up with a design that everyone will embrace relative to improvements that will ease traffic congestion on New Ballwin Road. St. Louis County has a preliminary design. The Rockwood School District gave a favorable review, but Holy Infant is not 100% supportive of this design. The next step would be to conduct a public meeting for other views, input and guidance, and then submit application with St. Louis County for federal funding. Mayor Jones said this should now go forward with presentation to the public. The Board agreed.

CITY ATTORNEY’S REPORT

COURT CLERK

A motion was made

by Alderman Robinson and seconded by Alderman Lembke prepare legislation to change the hiring procedure of the Court Clerk to the same as any regular hired employee. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Attorney Lucchesi said since the incumbent Court Clerk is going to retire, he has been asked about the procedure to hire a replacement. Missouri law requires the Board of Aldermen to establish a procedure to hire the Court Clerk. This was done in the past as an appointment by the Mayor with Board consent. He recommended that this position be filled as a regular hired employee position with current interview procedures. Mayor Jones said he has no problem with changing the appointment of this position to utilize the same interview and selected process used for a regular employee.

INSURANCE SETTLEMENT

A motion was made

by Alderman Lembke and seconded by Alderman Anderson to accept the settlement. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Attorney Lucchesi said there is a settlement proposal in the AIG case that is beneficial to the City’s standpoint. If the Board chooses to approve this, a settlement can be done in the next couple of days. Mayor Jones said the settlement will be made public in accordance with the Sunshine Act.

JONES COMPANY

– City Attorney Lucchesi said the Jones Company will deliver a check by Friday. This is the agreed escrow that came from the recent lawsuit settlement.

ALDERMANIC COMMENTS

LOGO OPTIONS

– Alderman Lembke reported that the decision to make modifications to the logo will be presented at the next scheduled Board meeting. A decision on the signage for the North Pointe is also on hold until the next Board meeting. He wants to find out from the Police Department what their intended use of the logo is going to be compared to what they are using at this time. He said there is no sense of urgency at this point in time. Alderman McDowell said the sign for the North Pointe should contain the logo. This is an important introduction of the new logo and this should be on the sign at the time the facility opens. Alderman Suozzi said the committee is still discussing if the logo should have the arch or not. Alderman Lembke said it has to be determined if the new logo is the only logo to be on the sign or if the current Pointe logo will also be included. Mayor Jones appointed Alderman McDowell to the logo committee.

PUBLIC WORKS COMMITTEE

A motion was made by Alderman Easter and seconded by Alderman Buermann to adjourn. The motion passed unanimously and the meeting was adjourned at 8:15 p.m.
MC

– Alderman Suozzi said the refuse situation was discussed at this meeting and asked Midwest Waste to assemble some numbers for alternate service plans for review by the committee and possible Board consideration.

 

 

CITY OF BALLWIN – 300 PARK DRIVE

January 27, 2003


The meeting was called to order by Mayor Jones at 7:04 p.m.