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 Press McDowell

Alderman Kay Easter

 

Alderman Kenneth W. Buermann

 

Alderman Jane Suozzi

 

Alderman James Robinson

Alderman Robinson arrived at 7:15 p.m.

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 November 11, 2002 Capital Budget Work Session were submitted for approval. A motion was made by Alderman Lembke and seconded by Alderman Anderson to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the November 11, 2002 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Suozzi 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

None.

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3198 - AN ORDINANCE APPROVING AND ADOPTING A BUDGET OF ANTICIPATED CASH REVENUE AND CASH DISBURSEMENTS FOR THE CAPITAL IMPROVEMENT PROGRAM OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2003, AND ENDING DECEMBER 31, 2003. PROVIDING FOR EXPENDITURES IN ACCORDANCE WITH SAID BUDGET AND MAKING APPROPRIATIONS THEREOF.

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a first reading of Bill No. 3198. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3198 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. 3198. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3198 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3198 with the following results:

Ayes – Easter, Buermann, Suozzi, Gatton, Lembke, Anderson. Nays – None. Whereupon Mayor Jones declared Bill No. 3198 approved and it became Ordinance No. 02-55.

Mayor Jones said the capital improvement plan for 2003 has been set at $9,853,717, compared to $10,335,254 in 2002. It is expected to have the same amount to work within 2002 for all departments except Parks and Recreation. As a result of voter approval of the half cent parks sales tax and the commitment to apply all related revenues to this department, these dollars will apply exclusively to parks capital and related debt retirement. The total debt payment requirement for 2003 is $1,778,531.36, which represents 18% of the budget. This commitment includes repayment on the 1992 bond issue which was applied to street improvements and construction of The Pointe, $1,035,052.50, as well as the new debt for construction of the outdoor family aquatic center, $743,478.86. The capital budgets for police and administration were capped below 2002 expenditure levels. This action, coupled with retirement of the 1998 debt issue and independent park financing has enabled Ballwin to significantly increase spending for street improvements in 2003. The Manchester Road sidewalk project is subject to voter approval to assess a 30% local match for construction. The Olde Towne sidewalk project, which would extend pedestrian access along the north side of Manchester Road to Seven Trails Drive will be funded with a 78% federal grant. A separate application for funding the sidewalk on Ries Road is subject to easement acquisition and subsequent grant approval.

BILL # 3199 - AN ORDINANCE ESTABLISHING THE MANCHESTER ROAD SPECIAL BUSINESS DISTRICT PURSUANT TO SECTIONS 71.790 THROUGH 71.808 OF THE REVISED STATUTES OF MISSOURI, SETTING ITS BOUNDARIES, TAX RATE, INITIAL RATE OF LEVY SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS, BONDING AUTHORITY, AND USES TO WHICH TAX REVENUE MAY BE PUT, CREATING AN ADVISORY BOARD OF COMMISSIONERS; AND CONTAINING SEVERABILITY AND EFFECTIVENESS CLAUSES IN THE CITY OF BALLWIN.

A motion was made by Alderman Suozzi and seconded by Alderman Anderson for a first reading of Bill No. 3199. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3199 was read for the first time.

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3199. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3199 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3199 with the following results: Ayes – Buermann, Lembke, Gatton, Anderson, Suozzi, Easter. Nays – None. Whereupon Mayor Jones declared Bill No. 3199 approved and it became Ordinance No. 02-56.

A RESOLUTION OF SUPPORT BY THE BOARD OF ALDERMEN OF THE CITY OF BALLWIN TO APPLY FOR THE "RIES ROAD SIDEWALK PROJECT", UNDER THE TRANSPORTATION ENHANCEMENT PROGRAM OF THE MISSOURI DEPARTMENT OF TRANSPORTATION.

A motion was made by Alderman Suozzi and seconded by Alderman Gatton to pass the Ries Road Sidewalk Resolution. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

BILL # 3200 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO WOLFE AUTOMOTIVE, DBA BALLWIN AUTO PLAZA, FOR FRONT YARD PARKING AND MOTOR VEHICLE REPAIR.

Mayor Jones said this is an amendment to the Special Use Exception that was originally granted. This came before the meeting of the Ballwin Planning and Zoning Commission on November 4, 2002. It was recommended unanimously to approve SUE 02-05.

A motion was made by Alderman Anderson and seconded by Alderman Lembke for a first reading of Bill No. 3200. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3200 was read for the first time.

Mr. Eric Schmidt, representing Wolfe Automotive, was present to answer questions. Mr. Schmidt described the circular traffic flow that would be possible even without one easement that was not conveyed.

Mayor Jones said an MSD permit has not yet been issued. MSD said that as soon as Ballwin approves it, they will give their approval. Ballwin says as soon as MSD gives approval, then Ballwin will also give approval.

Assistant City Administrator Aiken said the issue has to do with easements on adjoining property at the southeast corner of the site for completion of the storm water work. Wolf Automotive has asked that Ballwin approve the building permit for the building on the belief that this easement issue will be resolved. Alderman Easter said she does not think Ballwin should issue approval until MSD has done their approval. This is the way it has been done in the past.

Mr. Schmidt said they will continue to make a good-faith effort to make sure all of the easement agreements are signed. He said it is hoped that within a month to be able to go back to the lot owners and present MSD’s requirements. Assistant City Administrator Aiken said he does not recall Ballwin ever granting approval before MSD. Mayor Jones said the petitioner will have to satisfy MSD standards before they get MSD final approval. Alderman Suozzi asked if Ballwin could issue a "stop work order" if MSD approval has not been received. Alderman Buermann suggested that the ordinance be amended to impose a 30-day timeframe for obtaining MSD approval.

Mayor Jones said an additional paragraph in the ordinance on the S.U.E. conditions would say that MSD approval must be obtained within 30 days. Alderman Suozzi is concerned that a hardship has been experienced because of the other easement problem and it’s been sitting a while. City Attorney Lucchesi said that the special use exception could be amended to state prior to the issuance of the building permit. They could do the grading but the building permit could not be issues. Assistant City Administrator Aiken said they want the building permit so that they can start the footings and foundation.

Alderman Gatton suggested and Alderman Lembke agreed that Ballwin provide conditional approval of the Special Use Exception conditioned upon Wolf Automotive not receiving an occupancy permit unless satisfactory approval is received from MSD for the project. City Attorney Lucchesi stated that Item 18 would read as follows: "MSD approval is obtained and evidence of such approval is provided to the City Engineer not later than the completion of footing and foundation work for this project."

Assistant City Administrator Aiken said that if they are allowed to move forward with construction on the site and the parking lot, the detention basin needs to be built and the site piped to and from the detention basin, otherwise there will definitely be a flooding problem.

Mr. Schmidt said they are asking for the permit to start on the footings and foundation. Alderman Robinson agreed that the S.U.E. should be limited to that specific language.

Alderman Easter said she is not satisfied with this amendment because it sounds like Ballwin is going to try to get MSD’s approval, but if MSD’s approval is not obtained, the footing and foundation will go forward. She asked at that point, if construction would go forward without MSD’s approval. She said Ballwin’s building permits are based upon MSD approval and she believes this should continue.

A motion was made by Alderman Gatton and seconded by Alderman Lembke for a second reading of Bill No. 3200, as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3200 was read for the second time.

Mayor Jones said the findings must be made that this 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. 3200 with the following results: Ayes – Gatton, Robinson, Suozzi, Lembke, Buermann. Nays – Easter, Anderson. Whereupon Mayor Jones declared Bill No. 3200 approved by a vote of 5-2 and it became Ordinance No. 02-57.

 

CONSENT ITEMS

Ballwin Days Ride Concession

Director of Parks and Recreation Bruer said that the bids were in on time. The chairmen of the Ballwin Days committee would like to stay with Tinsley if he will go with a one year contract at the same percentage as he proposed for his 3-year proposal. If he is not willing to do this, the committee recommends then rejecting his proposal and rebidding. She explained that if he won’t amend his proposal, it would have to be brought to the next board meeting to reject his bid and then rebid. It could drag out until January or February. Alderman Suozzi said that the Board’s approval would then be contingent upon Tinsley accepting the 1-year contract at the 3-year rate.

A motion was made

MAYOR’S REPORT

None.

CITY ADMINISTRATOR’S REPORT

Curbside Recycling:

Mayor Jones asked what the additional trash cost increase would be if curbside recycling were made optional to the residents. What would Midwest would have to add on to the trash side of the bill? Mr. LaMantia said approximately $1.10. Anyone using recycling would have $2.19 on their bill for recycling and anyone choosing not to use recycling would have $1.10 added to their bill for the trash. Alderman Robinson said that if the City can’t afford to pay for recycling, then it should be mandatory because there is an interest in lowering the amount that goes into landfills. If people don’t want to recycle, they should at least contribute to the cost for those who are doing something to protect the environment by recycling.

Mr. LaMantia suggested that he look into a grant from St. Louis County for one year where they will pick up the recycle charges. There are grants available. The second year could possibly be passed on to the residents. Alderman Suozzi said this would give time to inform the residents of the situation and need everyone to participate in recycling.

Boundary Adjustment:

Architectural Fee Adjustment:

A motion was made

Park Path:

Excavation Permits:

A motion was made

Commercial Lease:

A motion was made

Mulberry Street:

A motion was made

Operating Budget:

A motion was made

Alderman Easter pointed out that there were amendments to the Operating Budget. City Administrator Kuntz said the two issues were impact issues and not budget issues. Unless there is a change in the numbers presented at this meeting, the legislation would reflect the numbers which were presented. Further discussion is necessary regarding incentives or fringes in lieu of the numbers that are not there for salary adjustments. He said these are separate issues. The current Operating Budget reflects zero salary increases.

A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

CITY ATTORNEY’S REPORT

Insurance Claim:

A motion was made

The Board of Aldermen reconvened into open session at 8:04 p.m.

Mayor Jones announced that the in closed session, a motion was made by Alderman Suozzi and seconded by Alderman Easter to authorize the City Attorney to file a lawsuit against AIG Insurance Company regarding its alleged failure to provide coverage as provided in the insurance policy.

Mayor Jones said that a motion had been made by Alderman Lembke and seconded by Alderman Gatton to adjourn into open session. A roll call vote was taken with a unanimous affirmative result and the closed session was adjourned at 8:08 p.m.

A motion was made by Alderman Easter and seconded by Alderman Buermann to adjourn. The motion passed unanimously and the open session adjourned at 8:09 p.m.
MC

by Alderman Anderson and seconded by Alderman Lembke to adjourn into closed session to discuss litigation. A roll call was taken with the following results: Ayes – Buermann, Robinson, Suozzi, Easter, Lembke, Anderson, Gatton. Nays – None. Whereupon Mayor Jones declared the motion approved. The motion passed unanimously and the meeting was adjourned to closed session at 8:00 p.m.
City Attorney Lucchesi requested a closed session to discuss litigation.
by Alderman Lembke and seconded by Alderman Buermann to prepare legislation to adopt the Operating Budget for 2003.
City Administrator Kuntz said a motion is required to prepare the 2003 Operating Budget ordinance for considertion at the December 9 Board meeting.
by Alderman Easter and seconded by Alderman Gatton to prepare an ordinance to vacate Mulberry Street. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
City Administrator Kuntz said Mulberry Street is actually in the parking lot of Salem Methodist Church. It is requested that this street be vacated by ordinance at the next meeting.
by Alderman Gatton and seconded by Alderman Easter to increase the rent at 109 Kehrs Mill to $1,100 per month. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
City Administrator Kuntz said it is recommended that a 10% rent increase be applied to the city-owned property at 109 Kehrs Mill. The current rent is $1,000 per month and it is recommended to increase the monthly rent to $1,100 per month. This is a month-to-month lease with 30 days notice to terminate. The tenant has been paying $1,100 due to late payments. There is a 10% surcharge for late rent payments, however the lease needs to be more clear regarding this surcharge.
by Alderman Lembke and seconded by Alderman Buermann to adjust the Excavation Permit fee schedule to cover the expense of inspections and associated costs. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
City Administrator Kuntz said the fee schedule is not proportionate with the cost involved for the inspection. This is a cost recovery issue and does not have to go on the ballot.
City Administrator Kuntz said the park path should have a designation to call attention to it. Pedestrian access is provided and it is a pathway into Vlasis Park. Alderman Suozzi suggested "Vlasis Walk" instead of VP Walk. She felt that could be confused with VP Fair, Vice President, etc. The Board made no decision at this time.
by Alderman Gatton and seconded by Alderman Lembke to approve the architectural fee adjustment for the Vlasis Park improvement project. A voice vote was taken with an affirmative result and the motion was declared passed.
City Administrator Kuntz said these professional fees are commonly a percentage of project cost. This is a legitimate expenditure for the Vlasis Park project. Approval of the fee adjustment is requested.
City Administrator Kuntz said that Ellisville wants to split Debula and Ballwin believes this street should remain completely in Ballwin. If anything ever changes on the Southwestern Bell site from a redevelopment standpoint, one jurisdiction should control the development and the curb cut. From a maintenance perspective, snow plowing and patching would become difficult. Mayor Jones said it is better for Ballwin to have control of the site and the street. The Board agreed. City Administrator Kuntz said he will advise them accordingly.
City Administrator Kuntz said the contract with Midwest Waste expires at the end of 2004. The rates are subject to annual change. Alderman Buermann asked the Midwest Waste representative, Tony LaMantia, if curbside recycling could become optional for the citizens of Ballwin. Mr. LaMantia said that right now with the City paying for this service, there is a 60% participation rate. If it becomes optional, the residential bill will increase monthly by $2.19. Most of the people will not go for that. He anticipates the participation would go down to 40% or 30%. There would then be an increase in trash, and an increase in the trash bill. If it was mandatory for the residents, some people would not pay and some would then be put on suspend. Many phone calls would result from this action.
by Alderman Lembke and seconded by Alderman Suozzi to amend and adopt the consent item, as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
.