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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

RECORD OF PROCEEDINGS

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 Charles Gatton

Alderman Jane Suozzi

 

Alderman James Robinson

 

Alderman Bruce Anderson

 

Alderman Ray Lembke

 

City Administrator Robert Kuntz

 

City Attorney Lionel Lucchesi

 

The Pledge of Allegiance was given.

The Minutes of the June 10, 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.

MoDOT Presentation

Alderman McDowell asked about the reason for the roundabout instead of a signalized intersection. Mr. Montez said it costs less, it is safer, and handles as much capacity or more than a signalized intersection.

Alderman Buermann asked how the public would be educated on how to use the roundabout. Mr. Montez said news releases, flyers, meetings at fire districts, local businesses, high schools, subdivisions could be beneficial in instructing the public.

Alderman McDowell asked if this is similar to Halls Ferry Circle. Mr. Montez said it is similar but Halls Ferry Circle is 3 lanes wide, 350 foot diameter, 35 miles per hour and has 5 major roadways entering. The proposed roundabout is designed for cars to travel only 15 – 20 miles per hour.

Alderman Robinson asked if MoDOT has installed a roundabout in St. Louis County where there are 2 similar streets coming into an intersection that could be observed. Mr. Montez said no. Alderman Robinson asked why this intersection has been chosen to be the first. Mr. Montez said there is no specific reason. He thinks this will be a good location.

Alderman Buermann asked if the bushes and trees would be taken out behind Meadowbrook Estates houses that back up to Kehrs Mill Road. Mr. Montez said some of the shrubbery will be removed behind one house but it could be re-landscaped or fencing can be installed. He said Kehrs Mill is being relocated slightly to the east at this location and widened to provide two lanes entering the roundabout.

Alderman McDowell asked about the difficulty in snow plowing the roundabout. Mr. Montez said that they don’t have any trouble with this in Colorado. He said that MoDOT has no reason to believe that snow removal will be an issue.

The project would begin in the summer of 2005 and take about 2 years to complete.

CITIZEN COMMENTS

Matthew Conlin, 12 Morena Ct., approximately 2 blocks northwest of the proposed roundabout at Kehrs Mill and Clayton Road

Mr. Conlin said that MoDOT describes this intersection as having a high number of rear-end collisions. He explained that the reason for this is the limited sight distance. Cars traveling eastbound on Clayton Road are traveling 35-40 miles per hour, the intersection is approximately 6-8 feet higher than the entrance to Meadowbrook Country Club. There is no turn lane to go into Meadowbrook Country Club. A car going eastbound on Clayton Road who wants to go into Meadowbrook Country Club and is stopped due to westbound traffic is sitting there, a car comes through the intersection at 35 miles per hour; the result is a rear-end collision. There is no turning lane included in the plans.

Mayor Jones said this is a State project and is a State road. Ballwin has no oversight of this project.

Mr. Conlin asked if it is possible for Ballwin to voice opposition to the MoDOT plan. He said MoDOT seems to have this set in its mind. This is what it is going to do. He has spoken to his State Senator and Representative and they are both opposed to this plan. He requested that the City of Ballwin step forward and also oppose the MoDOT plan. He said it’s an experiment and a waste of taxpayer dollars.

Dan Sodoti, 500 Wilshire, Claymont Subdivision

Mr. Sodoti suggested that instead of a center lane on Clayton Road, a median parkway could be designed like that on Ballas Road with several U-turn areas similar to Lindbergh Boulevard. There’s much more traffic there than on Clayton Road. It works fine in those locations. A parkway would be environmentally friendly, safe, and enhance property value.

Nancy Nichols, 503 Mercer Manor Drive

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3173

- AN ORDINANCE AMENDING CHAPTER 25, SECTION 25-74 ENTITLED STORM WATER STANDARDS AND CRITERIA BY AMENDING SUBPARAGRAPH (E) ENTITLED PIPES OF SUBSECTION (D)(1).

A motion was made by Alderman Buermann and seconded by Alderman Anderson for a first reading of Bill No. 3173. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3173 was read for the first time.

City Administrator Kuntz said there are two manufacturers of alternate materials. When the commitment is made to the contractor, is the time to get further documentation, such as a guarantee. David Markey, Markey & Associates, architect for the aquatic center, said aluminized steel pipe is used widely across the country. To try to do underground detention with all concrete pipe, which the ordinance currently requires, takes twice as much room and a great deal more expense. The use of an aluminized CMP pipe in that situation is an accepted industry practice.

Alderman Buermann said this type of pipe is located at the Golf Course, and last year during a heavy rain, the pipe popped up and the course in that area had to be closed. Mr. Markey said that is a very rare situation. Mayor Jones also said that there will be a saving of approximately $350,000 by going to the alternate pipe material.

A motion was made by Alderman Robinson and seconded by Alderman Lembke for a second reading of Bill No. 3173. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3173 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3173 with the following results: Ayes – Robinson, Lembke, McDowell, Buermann, Anderson, Suozzi Nays – None. Whereupon Mayor Jones declared Bill No. 3173 approved and it became Ordinance No. 02-32.

BILL # 3174

- AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3174. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3174 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3174. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3174 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3174 with the following results: Ayes – Suozzi, Anderson, McDowell, Lembke, Robinson, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3174 approved and it became Ordinance No. 02-33.

BILL # 3175

- AN ORDINANCE APPROVING AND ADOPTING A REVISED 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, 2002, AND ENDING DECEMBER 31, 2002. PROVIDING FOR EXPENDITURES IN ACCORDANCE WITH SAID BUDGET AND MAKING APPROPRIATIONS THEREOF.

A motion was made by Alderman Robinson and seconded by Alderman Lembke for a first reading of Bill No. 3175. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3175 was read for the first time.

Alderman Suozzi asked if single slabs are replaced on a street if that is the only one on the street. City Engineer Kramer said in some cases this is done if the one slab is seriously deteriorated and the surrounding slabs are sound.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3175. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3175 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3175 with the following results: Ayes – Suozzi, McDowell, Buermann, Robinson, Anderson, Lembke. Nays – None. Whereupon Mayor Jones declared Bill No. 3175 approved and it became Ordinance No. 02-34.

BILL # 3176

- AN ORDINANCE APPROVING AND ADOPTING A REVISED BUDGET OF ANTICIPATED CASH REVENUE AND CASH DISBURSEMENTS FOR THE GENERAL REVENUE FUND OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2002 AND ENDING DECEMBER 31, 2002, PROVIDING FOR EXPENDITURES IN ACCORDANCE WITH SAID BUDGET AND MAKING APPROPRIATIONS THEREOF.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3176. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3176 was read for the first time.

Alderman Buermann suggested a "Horizon" article to inform residents how the money is being spent. City Administrator Kuntz said there is an article in the next issue regarding capital improvements spending plan, including the list of streets.

A motion was made by Alderman Buermann and seconded by Alderman Robinson for a second reading of Bill No. 3176. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3176 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3176 with the following results: Ayes – Buermann, Lembke, Robinson, Suozzi, McDowell, Anderson. Nays – None. Whereupon Mayor Jones declared Bill No. 3176 approved and it became Ordinance No. 02-35.

BILL # 3177

- AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A NEW AGREEMENT REVISING THE DEFINED CONTRIBUTION PLAN AND TRUST AGREEMENT FOR THE BALLWIN POLICE PENSION FUND.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3177. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3177 was read for the first time.

Alderman Lembke asked if the police officers have been advised of the necessity of this ordinance to bring the fund into alignment with current IRS regulations. City Administrator Kuntz said yes they will be advised.

A motion was made by Alderman Suozzi and seconded by Alderman Lembke for a second reading of Bill No. 3177. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3177 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3177 with the following results: Ayes – Lembke, Suozzi, Buermann, Robinson, Anderson, McDowell. Nays – None. Whereupon Mayor Jones declared Bill No. 3177 approved and it became Ordinance No. 02-36.

CONSENT ITEMS

  1. Ramsey Lane construction from Manchester Road to Fishpot Creek
  2. Pavement Striping throughout Ballwin
  3. Outdoor Pool Contract Award
  4. Ammunition
  5. Right-of-way Acquisitions to sidewalks along Ries Road
  6. Computer System Upgrades
  7. Castle Pines Slab Replacement
  8. Stop Sign Request on Country Club Drive at Briarwyck and at Kenilworth

Alderman McDowell requested Item C (Outdoor Pool Contract Award) be removed from the Consent Items for further discussion.

A motion was made

Outdoor Pool Contract Award

A motion was made

MAYOR’S REPORT – Court Conflict – Mayor Jones said that at the June 10 meeting, the Board voted to move the July 22 Board of Aldermen meeting to July 23 to approve the bond issue for the pool. Since Municipal Court is scheduled on that date in the Board room, Mayor Jones proposed the Board meeting be held at The Pointe on July 23.

 

July 23 Meeting

A motion was made

Liquor Licenses

A motion was made

S.U.E. Transfer

Alderman McDowell said a staff review needs to be made to determine how far from the street the vehicle display should be.

A motion was made

Closed Session

CITY ADMINISTRATOR’S REPORT

Manchester Road Turns

Logo Options

Bad Debt

A motion was made

Aquatic Center Name

Ballwin Athletic Association Request

A motion was made

Bond Underwriting

A motion was made

City Administrator Kuntz also suggested going with a lesser issuance amount to be more reflective of the bids, which would be about $7,500,000 with a shorter schedule. Originally, the term was 18 – 20 years, no more than $1 million in debt retirement per year. He now believes there will be no more than $850,000 to be used for debt and less in some years. This would mean more funds for other park improvements.

A motion was made

City Administrator Kuntz said if the Board is interested in pursuing the Clayton Road for Paulding Road right-of-way exchange with MoDOT, the City Attorney needs to be authorized to draft legislation. This should be a no-cost right-of-way exchange for the entire length of Paulding across city property in exchange for the section on Clayton Road near Kehrs Mill Road.

A motion was made

CITY ATTORNEY’S REPORT – City Attorney Lucchesi said the Ballwin ordinance is close to what has been determined as unconstitutional in Stratton ruling regarding the Watchtower Bible & Tract Society of New York, Inc. He can have the ordinance prepared for the next meeting.

 

Solicitation

Alderman Lembke asked for more details of the ruling. City Attorney Lucchesi said a permit was required for door-to-door religious solicitation. The Supreme Court determined that this was a violation of first amendment rights. Because of this ruling, the Ballwin solicitation ordinance’s regulation of religious solicitation may be unconstitutional. He will review the ordinance and recommend changes to comply with the Supreme Court ruling. City Administrator Kuntz said even though the ruling was pertaining to religious solicitation, this may apply to other forms of solicitation.

A motion was made

ALDERMANIC COMMENTS

Alderman Robinson said that due to many calls regarding pet management, dogs barking at and running toward walking pedestrians, chasing walkers, bicycle riders, etc., he suggested an ordinance be drafted prohibiting dogs in front yards of any residence either restrained or unrestrained in any fashion. People don’t know if the resident has an invisible fence. All they see is a dog running from a garage at them across the yard, or a dog chained to a tree and the dog lunges out at the walker or bicycle rider.

Alderman McDowell said this approach is very heavy handed. He understands the concern, but in situations where animals are running across yards at pedestrians, the owners should be cited and dealt with. He said that Ballwin has a leash law. Alderman Robinson said it does not apply on ones own property.

Mayor Jones said that the tradition of the Board of Aldermen is that an elected alderman has a right to propose legislation. The ordinance can be drafted. Discussion will then take place whether or not to adopt the ordinance.

Alderman Suozzi asked about property where the side and rear yards are front yards, they don’t have a back yard to keep their animals. Mayor Jones recommended that Alderman Robinson consult with the City Attorney for appropriate wording of this legislation. The Board can then make a decision on the proposed legislation.

A motion was made

A motion had been made by Alderman Buermann and seconded by Alderman Anderson to adjourn the closed session. A roll call vote was taken with a unanimous affirmative result and the closed session was adjourned at 8:55 p.m.

The Board of Aldermen reconvened into open session at 8:56 p.m. Mayor Jones announced that the Board met in closed session to discuss personnel and litigation matters.

A motion was made by Alderman Buermann and seconded by Alderman McDowell to adjourn. The motion passed unanimously and the open session adjourned at 9:00 p.m.
MC

by Alderman Robinson and seconded by Alderman Anderson to adjourn to closed session to discuss personnel and litigation matters. A roll call was taken with the following results: Ayes – McDowell, Suozzi, Robinson, Buermann, Anderson, Lembke. Nays – None. Whereupon Mayor Jones declared the motion passed and the meeting was adjourned to closed session at 8:30 p.m.
by Alderman McDowell and seconded by Alderman Robinson to authorize the City Attorney to draft legislation to bring the solicitation ordinance into compliance. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Robinson and seconded by Alderman Buermann to prepare legislation. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Robinson and seconded by Alderman Buermann to approve the concept direction. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Robinson and seconded by Alderman Buermann to accept the proposal. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz said the City received competitive interest rates. He suggested going with the company that was recommended by A. G. Edwards, which is US Bancorp Piper Jaffray. Everyone was contacted that expressed an interest.
by Alderman Robinson and seconded by Alderman Lembke to complete the improvement using either city crews or private contract, whichever proved to be most efficient. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz said this is a sidewalk extension issue by the fire hydrant going into the ballpark, an extension of Jefferson. This could be completed with our own crew. Normally, the City wouldn’t do this but technically, Ballwin owns the property.
– Alderman Suozzi agreed with Director of Parks and Recreation Bruer that North Pointe is a good name for the Aquatic Center. Mayor Jones said he prefers Fox Creek. Mayor Jones suggested further discussion at the July 23 meeting.
by Alderman Robinson and seconded by Alderman Lembke to write off the bad debt of $444.76. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz this is a situation that occurred in 1998, involving two utility companies and the evacuation of the Seven Trails Apartment complex. They had to shut off the electric because they thought they had a broken gas line. This $444 invoice has been carried on the City books for auditing purposes. The auditor will need to see that in a public meeting, the invoice was taken off the books by Board approval.
– Mayor Jones suggested postponing the logo options review until the July 23 meeting when it is anticipated that everyone will be present. The Board was in agreement.
– City Administrator Kuntz said after a follow-up discussion with MoDOT, he recommended deferral of the legislation on the prohibition of turning lanes. This is a regional issue and the road belongs to MoDOT. He said he will follow up, based on Board direction, with a letter to MoDOT.
– Mayor Jones said that after the City Administrator’s report, there will be a closed session to discuss a personnel matter and litigation.
by Alderman McDowell and seconded by Alderman Lembke to transfer the Special Use Exception to J. P. Enterprises, Inc. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– Mayor Jones said the Board has been asked to transfer the S.U.E. for front yard parking to J. P. Enterprises, Inc. for the property at 14703 Manchester Road, the former Rogers Produce Market. The intended use is for an automobile sales facility on an interim basis until they purchase property for a full-time dealership. City Administrator Kuntz said this is a transfer for front yard parking. Alderman Buermann asked if they are going to be required to install a sidewalk. Mayor Jones asked the representative of J. P. Enterprises if they will install a 6-foot wide sidewalk across the front of their site. City Administrator Kuntz explained that it is the City of Ballwin’s goal to have sidewalks along the entire length of Manchester Road because it enhances the community. He said that every time that a business comes before the Board, the request is made to install a sidewalk. The representative said he will consult with his employer regarding the sidewalk. The 10 or 15 vehicles will be parked along the side of the building. General Motors is asking that the West County location have 3½ - 4 acres for a permanent location.
by Alderman Buermann and seconded by Alderman Anderson to approve the aforementioned liquor licenses. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– Mayor Jones said the Liquor License renewals are: A Sure Wing, LLC, dba Buffalo Wild Wing Grill and Bar, Lara Market, Meadowbrook Country Club, Taqueria Chihauha.
by Alderman Suozzi and seconded by Alderman Buermann to hold the July 23 Board of Aldermen meeting at The Pointe. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Anderson and seconded by Alderman Buermann to approve the award of the bid to Paric. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Alderman Robinson abstained from the vote. He explained that there are contractors that he represents, and without the list of subcontractors, it would be inappropriate for him to vote on this issue.
– City Administrator Kuntz said the low bid is a reputable contracting firm that is local, has good references and is below the original bond projection estimate. The pool is advertised to close operations on August 11 to allow the commencement of operations. There is an incentive to complete the project earlier than June 1, and there are penalty clauses if the opening is delayed.
by Alderman Lembke and seconded by Alderman Anderson to adopt Consent Items A, B, D, E, F, G, and H. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

 

: Ms. Nichols said Clayton Road is her only access route for everywhere she goes. She said MoDOT is concerned about the safety of vehicles. She asked that Ballwin be concerned about the safety of the residents. She said most people object to the roundabout and asked that Ballwin take a stand to object to the MoDOT plan.
: Mr. Sodoti said the article in the "Wall Street Journal" on January 18, 2002, described some communities in Florida and California that spent about $86,000 to install roundabouts and then spent the same amount of money to take them out because they were failures and a traffic hazard. His experience in New Jersey with traffic circles was that there were terrible accidents and it was road rage from day one.
: He expressed opposition to the MoDOT proposal. He said it is going to cost $1 million to install the roundabout. When it doesn’t work, they will rip it out and put in a regular intersection for another $1 million. Less maintenance in the intersection is because MoDOT plans to push the maintenance off onto the City of Ballwin. His strongest objection is that there are 2 lanes coming into the roundabout. He asked how does the car in the middle lane get out. That vehicle will have to cross in front of someone in the right lane – and accident waiting to happen.
– Tom Montez, Project Manager with MoDOT, presented the State’s plans for Clayton Road, between Clarkson and Baxter Road. Mr. Montez displayed a map of this area with all of the changes and improvements. Clayton Road would be widened at Kehrs Mill Road and a roundabout is proposed at this intersection instead of a signalized intersection. He said the roundabouts that have been installed in other areas in Missouri have proven to be successful. He said the center island could be landscaped and perhaps Ballwin could maintain it.