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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 December 9, 2002 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Anderson 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.

Holiday Decorating Awards

WARD 1

WARD 2

WARD 3

WARD 4

1st Place

1st Place

1st Place

1st Place

Nick & Wendy D’Amato
352 Ries Road

Keith & Kay Heinemann
242 Sunset

Vernon & Ruth Tams
541 Briarwyck

Timothy & Denise Bray
1155 Richland

       

2nd Place

2nd Place

2nd Place

2nd Place

Aileen Wilson
210 Woerther

Kevin & Susan Curtis
200 Ballyshannon

Robert & Donna Nichols
218 Clear Meadows

Brian & Michele Chrisco
1432 Buckhurst

CITIZEN COMMENTS

 

PUBLIC HEARINGS

 

LEGISLATION

BILL # 3204 - AN ORDINANCE AMENDING CHAPTER 3, SECTION 3-78 AND ARTICLE XIV OF ORDINANCE 557, THE ZONING ORDINANCE OF THE CITY OF BALLWIN, DEALING WITH PROVISIONS RELATING TO ENTERTAINMENT BUSINESSES.

Mayor Jones said that this bill had a first reading at the December 9 meeting.

A motion was made by Alderman Gatton and seconded by Alderman Buermann for a second reading of Bill No. 3204. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3204 was read for the second time.

Mayor Jones said there were changes made in the ordinance in the packaged liquor section 13c. Alderman Gatton said this addresses his concerns.

A roll call was taken for passage and approval of Bill No. 3204 with the following results: Ayes – Gatton, Easter, Robinson, Suozzi, Lembke, Buermann, Anderson. Nays – McDowell. Whereupon Mayor Jones declared Bill No. 3204 approved by a vote of 7-1, and it became Ordinance No. 03-01.

BILL # 3205 - AN ORDINANCE AMENDING CHAPTER 2, SECTION 2-297, CHAPTER 14, SECTION 14-92, AND CHAPTER 20, SECTION 20-112 PROVIDING FOR THE REIMBURSEMENT OF COSTS WITH RESPECT TO CERTAIN SERVICES PROVIDED BY THE CITY OF BALLWIN.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3205. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3205 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. 3205. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3205 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3205 with the following results: Ayes – Suozzi, Gatton, McDowell, Lembke, Buermann, Robinson, Easter, Anderson. Nays – None. Whereupon Mayor Jones declared Bill No. 3205 approved and it became Ordinance No. 03-02.

CONSENT ITEMS

None.

MAYOR’S REPORT

Mayor Jones said he received an open house invitation from Congressman Todd Akin, who is opening a new office at 301 Sovereign Ct. This is an event that is open to the public from 9:30 a.m. – noon on Saturday, January 18.

Mayor Jones said that the 33rd annual Municipal League Legislative Conference will be held February 26 and 27 at the Capital Plaza Hotel in Jefferson City. If any members of the Board are planning to attend, they should contact City Administrator Kuntz.

CITY ADMINISTRATOR’S REPORT

Excavation Permits

A motion was made

Refuse Collection

Alderman McDowell said that only 50% of the residents use the Recycling Program. Alderman Suozzi asked what the percentage of residents use the Yard Waste Program. City Administrator Kuntz said that the Public Opinion Survey indicated that approximately 69% of the residents use the leaf pick up program. The yard waste program is a 12-month service, but is mostly used for only 6 months. Many of the Midwest Waste services are supplemented and duplicated by Ballwin crews. He noted the leaf pick up and the Christmas tree pick up program as duplication of the services being provided by Midwest Waste. Midwest Waste has suggested a once-per-week, city-wide trash pick up. Alderman McDowell said this will cause the trash to be at the curb most of the day before being pick up. He said that the City Christmas tree pick up is a duplication of the Midwest Waste service and is a cost to the City.

The Public Works Committee of the Board of Aldermen will further discuss these issues at 6:15 on January 27, prior to the Board meeting. This meeting is open to the public.

Court Fines

A motion was made

Street Acceptance

A motion was made

Parking Restrictions

A motion was made

Sidewalk Reimbursement

Warrant Fees

A motion was made

Left Turn Prohibition on Manchester

Alderman Suozzi said MoDOT should be approached again to see if they have obtained cost estimates. She also said the signal light should be changed because the traffic backs up a long distance into the plaza. Alderman Buermann said the property owner would have to agree to the curb cut changes. Mayor Jones suggested contacting MoDOT to inquire about their research on the cost estimates for this project. After that, a Public Safety Committee meeting could be held to discuss the issue.

Logo Options

A motion was made

Budget Summary

CITY ATTORNEY’S REPORT

City Attorney Lucchesi said a lawsuit has been filed against AIG. They have asked for an extension of time.

City Attorney Lucchesi said The Pointe lawsuit has not been served. There will be an offer coming from the insurance company. The lawsuit will be served because no progress has been made with the insurance company.

City Attorney Lucchesi said in the sewer lateral case, he expects to follow the lead of St. Louis County.

Special Assessment District: City Attorney Lucchesi said the Election Board doesn’t know how to conduct the election. He has spoken with various representatives of the Election Board with no success. According to statute, this can be done by mail ballot. There are certain procedures required to do this.

ALDERMANIC COMMENTS

Alderman McDowell asked about the update on the Holloway Ridge trail. City Administrator Kuntz said this is a request for the recreation waiver of the amenity requirement for that particular zoning class. He said the trail is too close, within inches of some of the properties and decks. City Administrator Kuntz suggested that the cost for both improvements be calculated by staff. He said if this is strictly driven to reduce the developer’s cost based on a pre-approved plan that was submitted, it’s hard to be sympathetic because it doesn’t seem to be as favorable to the Ballwin citizens. Alderman Easter said the developer would save a lot of money by not putting in the walk, and it is in a place where it will not be used by the residents who live there. She said older people live there and the landscape is hilly. The people in this development don’t want anything more from the developer regarding recreation. She approves asking for a contribution to the sidewalk fund in lieu of something there. Mayor Jones said this is not just for the residents living in that development, it’s for the good of the community as a whole. City Administrator Kuntz said the difference could be deducted between the trail and the steps. Mayor Jones suggested that staff get the estimate for this project.

Alderman Buermann complimented the Public Works Department on the excellent job of snow removal on Christmas Eve.

A motion was made by Alderman Easter and seconded by Alderman Buermann to adjourn. The motion passed unanimously and the meeting was adjourned at 8:00 p.m.

 

Robert E. Jones, Mayor

ATTEST:

Robert A. Kuntz, City Administrator

MC

: City Administrator Kuntz said the summary has been distributed to the Board. Several revenue enhancement options were suggested earlier in this meeting. There will be more similar suggestions forthcoming. These are suggestions are in line with the discussions held during the budget preparation. Mid April is the proposed time for the Work Retreat to consider what some of these changes will have over the long run. The health insurance renewal premiums will be known at that time. It will also provide time to collect revenue and expense data for the first quarter of 2003. So far, there hasn’t been much of a change from the projected trends that were discussed in November and December.
by Alderman Lembke and seconded by Alderman Suozzi to refer the logo application back to the sub-committee and have a report finalized at the next meeting. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: City Administrator Kuntz said there are suggestions provided for application of the new logo. The question has been raised should the half circle in the background be used as presented by the designer, or is this an element that should be excluded if this is a distraction. The committee that worked on this logo selection may be the best source of input for the rest of the Board.
: City Administrator Kuntz said that last year he requested MoDOT, at Board direction, to make adjustments to Manchester Road to improve safety by restricting certain left turns onto Manchester. To date, the only recognition from MoDOT has been the concept but no action . He asked if the Board wants to impose these restrictions on city properties but not on the state property. Alderman Buermann said he would like to continue to push MoDOT for a favorable response. If this doesn’t happen, then the Board can make the decisions for public safety.
by Alderman Easter and seconded by Alderman Buermann to prepare legislation to reflect $50 for the warrant fee. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: City Administrator Kuntz said this is a recommendation to increase the warrant fees from $25 to $50. A $50 charge is close to the average. Alderman McDowell suggested an increase to $60. Alderman Gatton suggested $100. He would like to see the City recover whatever cost possible. Mayor Jones said that this is a warrant fee. He said that the court also assesses a failure to appear fine and is a separate ordinance violation. This is a court cost for issuing a warrant. He said he finds it hard to believe that any municipality in St. Louis County charges $100 for a warrant fee. He said $25 - $50 is the average fee. He advised the Board to keep in mind that there is a separate fine for "failure to appear". City Attorney Lucchesi advised preparing legislation with the $50 amount instead of $100. Alderman Easter agreed.
: City Administrator Kuntz said the owner of Gordon Plaza has requested reimbursement for sidewalk construction along Manchester Road. He said that this request has no validity. Alderman Lembke agreed. The property owner was not present to answer any questions, but was advised by Assistant City Administrator Aiken to be in attendance. Alderman Gatton said that in a previous meeting the property owner was asked if she understood that she would have to put in a sidewalk and she said yes.
by Alderman Easter and seconded by Alderman Lembke to prepare legislation to restrict parking at the location on Shady Meadows. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: City Administrator Kuntz said it has been requested that no parking restrictions be imposed on both sides of Shady Meadows between Baxter and Oakleigh Woods. The Police Department has investigated this issue and has no problem with this restriction. This would impact 2 houses.
by Alderman Lembke and seconded by Alderman Buermann to prepare legislation to accept the Windy Acres Subdivision streets, based upon the acquisition of the bond. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: City Administrator Kuntz this is regarding the acceptance of the streets in Windy Acres Subdivision, with the exception of Hallmark Place, for public maintenance. City Administrator Kuntz said Ballwin did not get the bond that was requested. Mayor Jones said that City Attorney Lucchesi should follow up to obtain the bond.
by Alderman Robinson and seconded by Alderman Anderson to prepare legislation to increase the maximum fine for ordinance violation. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: City Administrator Kuntz said it is proposed that the maximum fee for ordinance violations be increased from $500 to $1,000. This is a cap or a ceiling and not a mandatory amount. This new maximum limit is allowed under State statutes, subject to an ordinance change.
: City Administrator Kuntz said that consideration is being given to the different services that are provided under the refuse collection contract. An application has been submitted to St. Louis County for a grant. The results of the application will be announced in late January or early February. There are options available for cost reduction by the City. Changes to the program may be discussed in Public Hearings and in the Public Opinion Survey. City Administrator Kuntz recommended that the survey be conducted in late February or early March so that the results can be discussed at the April Retreat.
by Alderman Gatton and seconded by Alderman Anderson to prepare legislation. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: City Administrator Kuntz said that this is a clarification to eliminate duplication of the excavation permit requirement. Three inspections would be required. It is proposed to eliminate the procedure for irrigation permits and to have the Public Works Department conduct the inspections in conjunction with their excavation. An amendment of a section of the ordinance code would be necessary to reflect that deletion.
None.
None.
: Mayor Jones presented awards to the winners of the 2002 Holiday Lighting Contest as follows: