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

RECORD OF PROCEEDINGS

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 October 14, 2002 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Gatton 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.

PUBLIC HEARINGS

Manchester Road Improvement District

Mayor Jones said a public notice was published in the newspaper and sent to the property owners abutting Manchester Road.

City Attorney Lucchesi gave a brief overview of the process to be followed to establish a special tax district, according to the Missouri Statutes. The City of Ballwin has followed this procedure. He said Ballwin is authorized under statute to raise money for the proposal by establishing a real estate tax not to exceed 85 cents per $100 assessed valuation or to charge up to 50% of the business taxes to the people in the district to pay for the cost of the special tax district.

City Engineer Kramer briefly presented the scope of the sidewalk project. He said a preliminary computation of the expected revenues from the real estate or business license sources has not been done. A grant for federal funds has been received that will provide 70% of the cost of construction, engineering and the acquisition of any easements that are necessary. The engineering firm is in the process of preparing the drawings. The preliminary plan will go the State Highway Dept. for the first review. The district would provide funds for 30% of the construction cost which is expected to be approximately $500,000. Property owners who already have sidewalks in front of their properties and the businesses occupying those properties would be exempt from the district.

City Engineer Kramer said that in some locations, retaining walls, storm sewer modifications, and fire hydrant relocations would be necessary. Some properties would have more costs associated with their frontage because of grades. The sidewalk alone is expected to be about $7 per lineal foot for the 30%. The next step would be to determine how each property would be assessed. Of the $500,000, 30% is what the district would have to provide.

Alderman Robinson asked how many businesses are in need of sidewalks. City Engineer Kramer did not have this information at this time.

City Attorney Lucchesi said the property owners and businesses that already have sidewalks would not be exempt from the taxes. They would get credit for the sidewalks that they built. There may be some engineering costs that they would be liable for under the district because everyone would have to be treated equally.

Mayor Jones asked if there were any proponents who wanted to speak in favor of the formation of the district at this time. There were none.

Mayor Jones asked if there were any opponents who wanted to speak against formation of the district. Lance Hallums, from Chrysler Plymouth West said that he does not oppose the plan, but is concerned about the potential cost to his business. He does not believe that they should pay a inappropriate amount of the cost. He has concerns about the physical design aspects of the project. Because of the landscape, the hill would have to be built up to accommodate a sidewalk. He questioned the effect on the drainage, sewers, etc. Mayor Jones said that the cost of the sidewalk could be roughly $7,000 for Chrysler Plymouth West. City Administrator Kuntz said the cap means that the City cannot form the district and assess more than 50% of the formula.

There were no other opponents and Mayor Jones declared the Public Hearing closed.

CITIZEN COMMENTS

None.

LEGISLATION

BILL # 3192 - AN ORDINANCE AMENDING ORDINANCE NO. 557, KNOWN AS "THE ZONING ORDINANCE" OF THE CITY OF BALLWIN, AND AMENDING "THE DISTRICT MAP" BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN LAND IN THE CITY OF BALLWIN FROM R-2A SINGLE FAMILY TO PSD PLANNED SINGLE FAMILY.

A motion was made by Alderman Robinson and seconded by Alderman Gatton for a first reading of Bill No. 3192. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3192 was read for the first time.

Mayor Jones said this matter was considered at the Planning and Zoning Commission meeting on October 7, 2002. Commission members voted 8-2 to recommend approval of the zoning change, contingent upon a satisfactory traffic study being presented to the Board of Aldermen and the plan meeting all the requirements of the PSD Zoning District.

Alderman Robinson asked about the grade school for the children that would be living at this location. Residents in his ward are complaining that Henry School is overcrowded and indicating that it was their understanding that any new students moving into that area would be bussed to Mason Ridge School. Mr. John King said he doesn’t know, however, there are only 20 units and anticipates very few children living in these attached units. He anticipates mostly retired people or young professionals moving into these $350,000 - $500,000 units.

Assistant City Administrator Aiken said a sidewalk would have to be constructed along the Henry roadway frontage. Alderman Robinson asked what the street surface is going to be. Mr. King said it will be according to city specifications which is asphalt.

Alderman Suozzi said the drawing shows a 4-foot sidewalk. She understand that a 5-foot wide sidewalk was required. Assistant City Administrator Aiken said the internal sidewalk can be 4 feet but the sidewalk along Henry would have to be 5 feet wide.

A motion was made by Alderman Anderson and seconded by Alderman Buermann for a second reading of Bill No. 3192. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3192 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3192 with the following results: Ayes – Anderson, Buermann, Gatton, Robinson, Suozzi, McDowell, Lembke. Nays – None. Whereupon Mayor Jones declared Bill No. 3192 approved and it became Ordinance No. 02-50.

BILL # 3193 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR CLAYTON CORNERS SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a first reading of Bill No. 3193. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3193 was read for the first time.

Mayor Jones said this matter came before the Planning and Zoning Commission on October 7, 2002, and received an affirmative recommendation of 8-2, contingent upon the satisfactory traffic study and compliance with the requirements of the PSD zoning district.

A motion was made by Alderman Robinson and seconded by Alderman Lembke for a second reading of Bill No. 3193. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3193 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3193 with the following results: Ayes – Robinson, Suozzi, Anderson, Lembke, McDowell, Buermann, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3193 approved and it became Ordinance No. 02-51.

BILL # 3194 - AN ORDINANCE ADOPTING AMENDED PERSONNEL RULES AND REGULATIONS FOR 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. 3194. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3194 was read for the first time.

A motion was made by Alderman Buermann and seconded by Alderman Anderson for a second reading of Bill No. 3194. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3194 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3194 with the following results: Ayes – Buermann, Robinson, McDowell, Lembke, Anderson, Gatton, Suozzi. Nays – None. Whereupon Mayor Jones declared Bill No. 3194 approved and it became Ordinance No. 02-52.

BILL # 3195 - AN ORDINANCE

EXTENDING THE TERM OF A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE WITH CHARTER COMMUNICATIONS ENTERTAINMENT I, L. P.

A motion was made by Alderman Lembke and seconded by Alderman Anderson for a first reading of Bill No. 3195. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3195 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. 3195. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3195 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3195 with the following results: Ayes – Suozzi, Robinson, Lembke, Anderson, Gatton, Buermann, McDowell. Nays – None. Whereupon Mayor Jones declared Bill No. 3195 approved and it became Ordinance No. 02-53.

BILL # 3196 - AN ORDINANCE ACCEPTING THE STREETS OF JEFFERSON AND BALLPARK DRIVE 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 Gatton for a first reading of Bill No. 3196. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3196 was read for the first time.

A motion was made by Alderman Lembke and seconded by Alderman Robinson for a second reading of Bill No. 3196. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3196 was read for the second time.

Mayor Jones asked there are still items on the punch list that remain undone. City Administrator Kuntz said that the developer is putting furniture and benches in the fountain area on the plaza and will be placing boulders in the oval islands. This is legislation to accept the two streets. Ballwin will be maintaining the street and plowing regardless.

Alderman McDowell said he does not believe there is a need to put a time frame on this. City Administrator Kuntz said there is nothing that is in dispute between Ballwin and the developer. Alderman Robinson suggested waiting until all items are completed before the ordinance is passed.

A motion was made by Alderman McDowell and seconded by Alderman Robinson to table Bill No. 3196 until the next Board of Aldermen meeting to allow time to receive an updated report on what has been completed between now and that time. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

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

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

CONSENT ITEMS

A. HVAC – Government Center

B. Government Center Remodeling

C. C.A.R.E. Contract

A motion was made by Alderman Suozzi and seconded by Alderman Buermann to adopt the consent items. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

MAYOR’S REPORT

Arts Commission Appointments – Mayor Jones recommended approval of the following individuals for appoint to the Fine Arts Commission: Suzanne Holroyd, 324 Woodmar Ct.; Eileen O’Malley, 147 Kehrs Mill Trail; Christopher Grahn-Howard, 243 Dennison; and Joe Squires, Pleasant Grove.

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

CITY ADMINISTRATOR’S REPORT

Policy Manual

A motion was made

Holloway Ridge Request to waive the trail

Park Path

2003 Capital Budget

- City Administrator Kuntz said the 2003 Capital Budget will be presented to the Planning and Zoning Commission on Monday, November 4, 2002, for their review. It is a balanced budget and will be discussed at the Board Work Session on November 11, at 5:30 p.m., as advertised.
– City Administrator Kuntz suggested that the asphalt pathway that goes from Vlasis Park to Manchester Road that lines up with a staircase at Olde Towne Plaza be designated in memory of former Chief of Police Red Loehr and could be called Loehr Lane or something similar. It wouldn’t be a street, but just a public pathway. Alderman Buermann said that since Red Loehr was such a big part of the community, a pathway is too small.
– City Administrator Kuntz said the development is finished, but the Trustee Association doesn’t want to build the trail and wants to be exempted from this requirement. This could not be granted administratively. Either the Board can amend the ordinance or the matter can be appealed to the Board of Adjustment which could consider granting a variance. Alderman Gatton said the ordinance change issue is regarding the overall question of allowing the same alternative that single family subdivision developers have of paying a fee in lieu of building recreational amenities. City Administrator Kuntz said there could be reasons why the City wouldn’t want this, but the present system is restricting because there isn’t flexibility. Does the Board want to take the code change question to the Planning Commission, or, based on the advice of the City Attorney, tell the petitioner that the only option he has is to go before the Board of Adjustment. Assistant City Administrator Aiken said the people who live there don’t want the trail built. Ballwin received a letter from the Chairman of the Board of Trustees asking that they not be required to build the trail because they don’t want it. There is still a long list of uncompleted punch list items before Ballwin will take over the streets for maintenance or release the bond. Alderman McDowell said the trail was part of the original development plan, and the Board cannot tell them tonight that they can vary from the original development plan. Only the Board of Adjustment can give permission to deviate from that plan. Alderman Gatton said they will either have to go back to the Board of Adjustment or build the trail. The Board agreed. The Board also agreed to having the Planning and Zoning Commission review the concept of allowing a fee in lieu of recreational facility construction in the R-4 District.
by Alderman Gatton and seconded by Alderman Buermann to accept the revised Policy Manual. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz said the addition of Mr. and Mrs. Dick Andrews to the Honorary Pass was suggested by Alderman Gatton. The list will then be changed based on the changes in life status. A 2/3 majority vote is required to make this change because it is an amendment to the Board’s Policy Manual.

CITY ATTORNEY’S REPORT

None.

ALDERMANIC COMMENTS

A motion was made by Alderman Buermann and seconded by Alderman Lembke to adjourn. The motion passed unanimously and the meeting was adjourned at 7:45 p.m.
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