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 July 23, 2002 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

Tim Reisel, 128 Vlasis Drive

Robert Klein, 2452 Capital Landing:

Evonne Kilven, Mayfair Subdivision

Tony Zafiropoules, 2670 Clarkson Road

Henry Bond, 2379 Fairwood Forest Ct.

Christine Cybulsky, Clarkson Crossing Subdivision

Susan Stengel, 15528 Weatherburn

Thomas Barrett, 15925 Fairway Lake Ct.

City Attorney Lucchesi reminded the audience that the City of Ballwin has no control over Clarkson Road or what MoDOT does on Clarkson Road. The input that this Board has is very limited.

Mayor Jones said that Clayton Road is also a State highway and the City has no input.

Walt Young, 634 Lemonwood Drive

Walt Young, also asked about making Twigwood / Ries a 4-way stop sign. He said the people that live on the northwest corner of the intersection should be asked to trim the hedge. You have to get out into the intersection to see before turning. He also pointed out the situation on New Ballwin Road at West Glen Village Drive. There is a large fern in the boulevard and you can’t see around it.

Neal St. Onge, 281 Geremma

Jerry Gear, 502 Kenilworth Lane

A Resident, 202 Balltrae Ct.

: He said there is going to be an airport noise study at Spirit Airport. He asked if Ballwin was going to participate in this study. He would like to be involved in the study. City Administrator Kuntz recommended that he call the City of Chesterfield, ask for the City Clerk, and indicate his interest. This is funded and directed totally by the City of Chesterfield. Chesterfield has not solicited any input from the City of Ballwin.
: Mr. Gear is opposed to the stop signs that were recently erected along Country Club Drive and Kenilworth. He believes that they were erected to control speed. He is opposed to all of these signs all over town. He said the stop signs punish the innocent and do not correct the problem. Speed limits should be enforced without adding more stop signs. He said he has lived at this intersection for 25 years and there have only been 2 accidents in 25 years, therefore, there is no reason to have a stop sign at this location.
: Mr. St. Onge addressed the Board as State Representative from the 88th District. He announced and invited everyone to a Town Hall meeting on September 24, at Marquette High School Theater at 7:00 p.m. This meeting will be regarding the sound walls that MoDOT is proposing along Clarkson Road. MoDOT has agreed to attend this meeting. There will also be a representative from the Federal Highway Administration and a representative from Congressman Todd Akin’s office. He asked for the questions to be given to him ahead of the meeting.
: Mr. Young asked about the electrical inspection question that he raised at the last meeting. Mayor Jones said that inspecting every outlet in every house is impossible. The inspection department is looking at the options that are available. Education issues are being reviewed. Mr. Young said the City should talk to the Fire Department about electrical problems in Claymont Subdivision. City Administrator Kuntz said the City has been in communication with the Fire District on this issue.
: Mr. Barrett spoke in favor of the sound wall. His yard abuts Clarkson Road. All research he found does not support the claim that dual walls will increase sound if the walls are properly built. People whose property abuts the roadway are the ones who should be making this kind of decision. Reduced speed limits and the expansion of Hwy. 109 would be beneficial. He has taken decibel readings on his back porch and it exceeds the recommendations for implementation of a sound wall.
: Ms. Stengel said she is opposed to the sound wall. She would hate to lose the trees along Clarkson Road. She believes that a lot of the traffic on Clarkson is Wildwood residents and an alternate traffic reliever should be built. Wildwood residents don’t want roads built in their community, so Clarkson Road bears most of the Wildwood traffic. The wall will hurt property values. MoDOT should look at widening Hwy. 109 or a new road there. Clarkson Road should not be widened to handle the Wildwood traffic.
: Ms. Cybulsky said she is in favor of the sound wall. Her house is only 20 feet from the Clarkson Road right-of-way. She said the traffic noise is extremely loud in her back yard. She wants the sound wall for the safety of her family, privacy, and saleability of her house.
: Mr. Bond said he is in favor of the sound wall. He said Clarkson was widened after he bought his home. The noise is at 78-84 decibels. This is at the threshold of requiring noise protection. The noise level is depreciating his property value and saleability. He said the walls can be designed to be noise absorbent and not causing the reflection problem. He believes that the State has a responsibility to compensate the injured homeowners for the sound damage.
: Mr. Zafiropoules said he is opposed to the sound wall. He repeated the issues raised at the last Board of Aldermen meeting. He said that lower speed limits and the widening of Hwy. 109 will help with the problem. He will deliver a petition to the Government Center tomorrow, wherein 48 have signed and only 1 declined.
: Ms. Kilven presented a petition of 280 names in opposition to the Kehrs Mill/Clayton Road roundabout proposed by MoDOT. She said MoDOT is going to spend $12 million to install a roundabout that 90% of the people don’t want. She asked the Board to express opposition to MoDOT.
Mr. Klein expressed opposition to the sound walls proposed by MoDOT along Clarkson Road. He asked the Board to coordinate activities and opposition with the citizens of Clarkson Valley, and to approach MoDOT with the overwhelming negative feelings from the citizens.
: Mr. Reisel presented a petition from Schaefer Gardens residents about the poor condition of their streets, Vlasis Drive, Romine Circle, and Smith Drive. They want a new overlay with the old overlay being removed. There is a 96% signature turnout on the petition. Mayor Jones accepted the petition. He explained that the streets have been reviewed in a new analysis program, and that funds are being expanded every year on roadways throughout the City.

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3182

- AN ORDINANCE AMENDING CHAPTER 1, SECTION 1-2, BY AMENDING THE DEFINITION OF "RESTRAINT," AND CHAPTER 5, ARTICLE III OF THE CODE OF ORDINANCES FOR THE CITY OF BALLWIN, AND IN PARTICULAR, SECTION 5-61 REGARDING RUNNING AT LARGE.

A motion was made by Alderman Easter and seconded by Alderman Robinson for a first reading of Bill No. 3182. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3182 was read for the first time.

Alderman Gatton said he reviewed the existing ordinances. The new ordinance would require a dog on a leash in people’s front yard. This is going too far. The existing ordinance covers this.

Alderman Suozzi said she understands Alderman Robinson’s concern and it is genuine, however, this ordinance is too specific. She would like further review before any action is taken.

Alderman Robinson explained that dogs are charging and looking like they are going to attack a child or adult walking on the sidewalk or in the street. Does a child need to be hit by a car or killed before action will be taken. Trailers in front yards are restricted, but the trailer is not going to charge at people and bite them. He believes this is a legitimate regulation to protect children and adult walkers.

Alderman McDowell said the blame lies with individuals who have not properly had their dog trained to not be aggressive toward pedestrians. Everyone should not be penalized.

Alderman Robinson said the problem with the existing law is enforceability. The City and the Police don’t know most of the time if a dog has been previously aggressive. A clear and concise ordinance, not subject to interpretation, and clear in definition and meaning, should be available to law enforcement.

Mayor Jones suggested either a motion for a second reading and bring it up for a vote tonight, or if no motion is made, it will be placed on the next agenda, having been read once. There was no motion for a second reading.

A RESOLUTION

AUTHORIZING THE FORMATION OF A SPECIAL IMPROVEMENT DISTRICT FOR THE PURPOSE OF CONSTRUCTING SIDEWALKS ALONG MANCHESTER ROAD IN THE CITY OF BALLWIN.

Mayor Jones asked if there is any discussion of this Resolution. There was none.

A motion was made by Alderman Suozzi and seconded by Alderman Anderson to approve the Resolution. A voice vote was taken with a unanimous affirmative result and the Resolution was declared passed.

BILL # 3183

- AN ORDINANCE PROVIDING FOR THE LIGHTING BY ELECTRICITY OF THE STREETS, AVENUES, ALLEYS, AND OTHER PUBLIC PLACES IN THE CITY OF BALLWIN, IN THE STATE OF MISSOURI, AND OTHER ELECTRIC SERVICE REQUIREMENTS OF THE CITY, BY CONTRACT, SETTING FORTH THE TERMS OF THE PROPOSED CONTRACT THEREFORE BETWEEN THE CITY AND UNION ELECTRIC COMPANY, D/B/A AMEREN UE, ITS SUCCESSORS AND ASSIGNS, AND PERMITTING SAID COMPANY TO ERECT, OPERATE, AND MAINTAIN POLES, LINES, WIRES, CABLES, TRANSFORMERS, AND OTHER APPLIANCES IN THE STREETS AND ALL OTHER PUBLIC PLACES, NECESSARY FOR AND APPROPRIATE TO THE PERFORMANCE OF SAID CONTRACT AS DESCRIBED HEREIN.

A motion was made by Alderman Buermann and seconded by Alderman Anderson for a first reading of Bill No. 3183. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3183 was read for the first time.

A motion was made by Alderman Gatton and seconded by Alderman Buermann for a second reading of Bill No. 3183. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3183 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3183 with the following results: Ayes – Buermann, Anderson, Gatton, Easter, Lembke, Robinson, McDowell, Suozzi. Nays – None. Whereupon Mayor Jones declared Bill No. 3183 approved and it became Ordinance No. 02-41.

BILL # 3184

- AN ORDINANCE AMENDING SECTION 15-487 DEALING WITH YIELD INTERSECTIONS.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3184. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3184 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. 3184. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3184 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3184 with the following results: Ayes – Gatton, Buermann, Suozzi, Robinson, Lembke, Anderson, McDowell, Easter. Nays – None. Whereupon Mayor Jones declared Bill No. 3184 approved and it became Ordinance No. 02-42.

BILL # 3185

- AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES FOR THE CITY OF BALLWIN, AND IN PARTICULAR, SECTIONS 14-3 THROUGH 14-6 REGARDING SOLICITATION.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3185. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3185 was read for the first time.

Alderman McDowell said that if this bill is passed, there should be communication with the Ballwin residents. City Administrator Kuntz said there will be an article in the "Horizon". Mayor Jones said this will bring the ordinance into compliance with the recent Supreme Court decision.

A motion was made by Alderman Suozzi and seconded by Alderman Gatton for a second reading of Bill No. 3185. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3185 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3185 with the following results: Ayes – Suozzi, Easter, Anderson, Lembke, Buermann, McDowell, Gatton, Robinson. Nays – None. Whereupon Mayor Jones declared Bill No. 3185 approved and it became Ordinance No. 02-43.

BILL # 3186

- AN ORDINANCE ORDERING THE INSTALLATION BY MISSOURI AMERICAN WATER COMPANY OF ONE (1) FIRE HYDRANT ON BARKER COURT AT LOT LINE OF LOT #3 AND 4.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3186. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3186 was read for the first time.

Alderman McDowell asked who will be assessed the cost of the installation of the fire hydrant. City Administrator Kuntz said the developer would be assessed the cost.

A motion was made by Alderman Easter and seconded by Alderman Buermann for a second reading of Bill No. 3186. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3186 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3186 with the following results: Ayes – Easter, Anderson, Suozzi, Lembke, McDowell, Buermann, Gatton, Robinson. Nays – None. Whereupon Mayor Jones declared Bill No. 3186 approved and it became Ordinance No. 02-44.

CONSENT ITEMS

  1. Cable Franchise Extension
  2. Kehrs Mill Transfer
  3. Ries / Twigwood
  4. Woods Mill Road

Alderman Suozzi asked that

City Administrator Kuntz said that in

Alderman Suozzi said in

Alderman Robinson said Ballwin having input in plans for St. Louis County’s roadway doesn’t mean Ballwin can stop or influence anything they want to do. Once it is transferred, the Board should understand that we are kissing it goodbye forever. It could become a nightmare for this Board later when people want to know why we did this. Alderman Buermann said St. Louis County could decide to make Kehrs Mill a 4-lane roadway and they would have the right to do this. Mayor Jones said if it becomes St. Louis County’s road, Ballwin won’t have any control. If we don’t want to do this under these circumstances, this is the time to make the decision.

Alderman Gatton asked what is the benefit to Ballwin to this section of Kehrs Mill to St. Louis County. City Administrator Kuntz said that road, all the way to the Ballwin city limits, is St. Louis County’s through Chesterfield. It makes sense not to stop in the middle of the road, but to continue service delivery. There are pavement maintenance issues.

Alderman Suozzi said City of Ballwin wants St. Louis County to maintain the residential character that the roadway currently has. Mayor Jones asked for a decision from the Board. It was agreed that the concept would stand, but that a letter would be sent to express our concern and request advice and consent before any future change is determined.

Item A, Cable Franchise Extension be removed. She has concerns about the upgrade that has been completed and she has received complaints about Charter’s service. She requested that a representative from Charter address the Board. This item was tabled until the next meeting.Item C, the stop sign installation request is on Ries, not Twigwood. Alderman Gatton requested this item be removed for discussion.Item B: Kehrs Mill Transfer, she wants Ballwin to be able to retain some control over the future of this roadway. This has not been addressed in their letter. Ballwin should have input if St. Louis County proposes changes to the roadway. City Attorney Lucchesi said if St. Louis County owns the road, it will be able to do whatever it wants with the road. He said there will be nothing binding on such wording in a letter to St. Louis County if the roadway is turned over.

Item C, Stop sign on Ries at Twigwood

A motion was made

A motion was made

by Alderman Anderson and seconded by Alderman Buermann to adopt Consent Item D, Woods Mill Road. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Gatton and seconded by Alderman Lembke for the City Attorney to prepare legislation for the installation of the stop signs. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: Alderman Gatton supports the stop sign at this location. He said the homeowner on the northwest corner continually allows the shrub to overgrow, and block the view of the intersection. This is a safety issue. Alderman Gatton asked for other solutions instead of making this a 4-way stop. The resident has been cited in the past about this vegetation. Alderman Gatton asked about installing a traffic signal. City Administrator Kuntz said a traffic signal would cost in the range of $250,000. A stop sign is $150. This is a 2-way stop right now, but it would become a 4-way stop. The intersection does not meet minimum warrants for a traffic signal.

MAYOR’S REPORT

Ballwin History:

A motion was made

by Alderman Buermann and seconded by Alderman Lembke for the Historical Commission to proceed with obtaining a proposal to be presented to the Board. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
Mayor Jones would like to update the 24-year old history book. The Ballwin Historical Commission is interested in this project. He asked the Board for the necessary funding to produce the updated history book once it is created. An upper limit can be established.

Soundwall:

Alderman Buermann asked about other sections of Clarkson Road and why aren’t these areas being included. City Administrator Kuntz said he cannot speak for or defend what the State of Missouri is doing.

Alderman Suozzi said that Ballwin should have been informed of this project sooner and that alternative approaches should have been explored. She asked the Board to join with Clarkson Valley in opposition to these soundwalls.

Alderman McDowell said this issue should not have been dumped on Ballwin in this manner. Ballwin has no authority in this issue. He said MoDOT has handled this situation very poorly. There was not proper dialogue between MoDOT and citizens or Ballwin. Our community is split on this issue. MoDOT owes Ballwin and the citizens better communication on issues such as this. Ballwin should write a letter to MoDOT stating that if they are going to do business in our city, since we are taxpayers and citizens of the State of Missouri, they should notify us of the things that are taking place. This should be Ballwin’s position regarding any work done MoDOT in Ballwin. It’s frustrating to hear the citizens that are upset over this and not be able to do anything about it. Our hands are tied.

Alderman Buermann agreed and said a few years ago, a Memorandum of Understanding was adopted with MoDOT. He feels that they have not followed through on their part of the agreement. There’s no real partnership with MoDOT on this. Alderman Buermann requested copies of the Agreement be placed in the next meeting’s aldermanic packets for review. Perhaps this so-called agreement should be discontinued.

Alderman McDowell suggested that a letter be sent to MoDOT letting it know of Ballwin’s displeasure in how this matter was handled. He said he is not going to be a scapegoat for the Missouri Department of Transportation because it bungled this issue and created so much hostility. This Board should not take the heat for MoDOT’s lack of consideration.

Alderman Lembke said he is in complete agreement with Alderman McDowell. MoDOT is going to ram these soundwalls down the people’s throats. He said the citizens of Missouri recently voiced an opinion of displeasure with MoDOT via the vote on Proposition B. Overwhelmingly, nobody believes MoDOT is going to do what it says it is going to do. People don’t want to give MoDOT more money to do stuff like this. He said that MoDOT has stated publicly that the walls are going up and it doesn’t care.

Alderman McDowell said MoDOT is also dumping on Ballwin with the roundabouts. There’s a voice that needs to be heard from the representatives and the citizens of Ballwin who don’t like the way MoDOT is dealing with us.

A motion was made

by Alderman McDowell and seconded by Alderman Lembke to send a letter to MoDOT stating Ballwin’s displeasure with its procedures. A voice vote was taken with 7 ayes and Alderman Robinson voting Nay. Alderman Robinson said he has no objection to sending the letter, but he wants to read the letter before it is sent. Mayor Jones suggested that Board members stop by the Government Center to read the letter before it is sent out.
Mayor Jones said that Ballwin has very little control over MoDOT on this issue. City Administrator Kuntz said that staff met with MoDOT representatives and asked them about other solutions. MoDOT’s position is that the wall must be built and that they are in violation of Federal regulations. They expect litigation either way. MoDOT plans to build the sound wall, but will talk about the design.

CITY ADMINISTRATOR’S REPORT

Ballwin Days:

City Administrator Kuntz suggested a work session for a Saturday morning about the future of Ballwin Days, perhaps the last Saturday in September.

A motion was made

Mayor Jones said that the motion just passed designates that the Ballwin Days Festival will be held in 2003. A specific date needs to be established so that vendors can be contacted. Alderman Gatton said he would like to hold off setting a date to wait for the results of the survey in the "Horizon". The Board agreed to wait for the survey results.

by Alderman McDowell and seconded by Alderman Robinson that the Ballwin Days festival be continued. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
City Administrator Kuntz said that Chairman Vincent would like the Board’s direction if there will be a 2003 Ballwin Days and a date because of vendors that have to be lined up in advance. Mayor Jones said that in May, a committee was appointed. It was comprised of 3 Aldermen and members of the Ballwin Days Committee, to discuss the future of Ballwin Days. He has not received a report from that committee. Alderman McDowell said the 2002 turnout supports continuing with this festival.

Fine Arts Commission:

A motion was made by Alderman Lembke and seconded by Alderman Gatton for the preparation of an ordinance to reflect these changes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Mayor Jones proposed the appointment of Dee Phillips, of 755 Stoney Creek, to the Fine Arts Commission, upon the recommendation of Alderman Easter. Ms. Phillips is an artist by education but not in practice. It’s her passion but not her job. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

City Administrator Kuntz said he and Parks Director Bruer have prepared a new "charge" for the Fine Arts Commission and resolved several conflicting issues from a membership, goal-setting and achievement standpoint. The Committee will now be working in an advisory capacity to the Board.

Closed Session:

CITY ATTORNEY’S REPORT

Fair Housing Complaint:

Alderman McDowell explained to Mr. Schaeferly that if he is agreeable to paying the cost of installing the handrails (approximately $350), City Attorney Lucchesi is willing to function as a go-between with Mr. Baumann. There is no violation of the Fair Housing Code. Mr. Schaeferly asked that the Board’s determination be put in writing so that he could pursue other options. Mayor Jones instructed the City Attorney to draft this letter.

City Attorney Lucchesi said he investigated the possibility of a violation of the Fair Housing Code, based on a written citizen’s complaint. He does not believe that there is a fair housing violation. He sent a letter to Mr. Baumann, of Seven Trails Apartments, regarding the complaint. Mr. Baumann responded that he would be happy to allow the handrail to be installed at the tenant’s expense. This is not a situation that this Board should be involved in because this isn’t a situation that violates any law. Mr. Schaeferly has not spoken with Mr. Baumann since February and he does not believe that he should have to pay for the handrails because the handrails were in place for three years and then taken down.

ALDERMANIC COMMENTS

None.

A motion was made

The Board of Aldermen reconvened into open session at 9:45 p.m. Mayor Jones announced that the Board met in closed session to discuss the availability of the Multiplex property, the status of the city-owned property at 123 Lyons Avenue, and the proposal for an Olde Towne development study. The Board also briefly considered correspondence from Attorney Rick Barry regarding personnel evaluation criteria.

It was determined that the City has no interest in the Multiplex parcel, will consider further options regarding the Lyons property, and deferred action on the Development Strategies report until the next Board meeting. It was also decided that no action would be taken on the requests from Mr. Barry.

Mayor Jones announced that a motion had been made by Alderman Easter and seconded by Alderman Buermann to adjourn into open session. A roll call vote was taken with a unanimous affirmative result and the closed session was adjourned at 9:43 p.m.

A motion was made by Alderman Robinson and seconded by Alderman McDowell to adjourn. The motion passed unanimously and the meeting was adjourned at 9:46 p.m.
MC

by Alderman Easter and seconded by Alderman Gatton to adjourn into closed session to discuss real estate and personnel. A roll call was taken with the following results: Ayes – Easter, Buermann, McDowell, Robinson, Suozzi, Lembie, Gatton, Anderson. Nays – None. Whereupon Mayor Jones declared the motion approved. The motion passed unanimously and the meeting was adjourned to closed session at 9:07 p.m.
City Administrator Kuntz said in the closed session, he would like to discuss real estate issues from Development Strategies, 2 other potential real estate transactions, and a personnel issue.