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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 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 May 13, 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.

The Minutes of the May 21, 2002 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Buermann and seconded by Alderman McDowell to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the May 30, 2002 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman McDowell and seconded by Alderman Lembke to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

CITIZEN’S ACADEMY GRADUATION

Mayor Jones congratulated the graduates of the Citizen’s Academy and presented certificates to Don Barnes, J. T. Nichols, Stewart Pagenstecher, Chris Pieknik, Olivia Pieknik, and Tom Stanton.

CITIZEN COMMENTS

Olivia Pieknik, 385 Walnut Point Ct.: Mrs. Pieknik thanked the Board for the Citizen’s Academy.

Don Barnes, 516 Clayworth: He also expressed appreciation for the Citizen’s Academy.

Star McCay, Robin Hill, Ballwin Meadows: Ms. McCay thanked Alderman McDowell and Mayor Jones for coming to the meeting on Saturday night. She expressed appreciation for Alderman McDowell talking to everyone, and answering questions.

J. T. Nichols, Huntleigh Drive: Mr. Nichols also expressed appreciation for the Citizen’s Academy.

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3171

- AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO TARGET CORPORATION FOR FRONT YARD PARKING.

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a first reading of Bill No. 3171. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3171 was read for the first time.

Mayor Jones said that on May 6, the members present on the Planning and Zoning Commission voted unanimously to recommend approval of SUE 2-4. Alderman Robinson asked if Target agrees to comply with the recommendations. Robert Duffy, Kauman Engineers, said he is familiar with the recommendations. He said that Target has agreed to the conditions and plans to submit plans this week pending Board approval. Mr. Duffy said that Target is in support of a park on the corner, but prefers to table the park issue for now because they want to get construction underway for the expansion of the store. He said that Target prefers to donate land and money and have the citizens of Ballwin decide what they would like at the corner. Mayor Jones said that Board approval is not conditioned upon the corner park issue.

A motion was made by Alderman Gatton and seconded by Alderman Easter for a second reading of Bill No. 3171. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3171 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3171 with the following results: Ayes – Gatton, Easter, Buermann, Robinson, McDowell, Anderson, Lembke, Suozzi. Nays – None. Whereupon Mayor Jones declared Bill No. 3171 approved and it became Ordinance No. 02-30.

BILL # 3172

- AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO HOWARD PARK EARLY INTERVENTION CENTER FOR A NURSERY, PREKINDERGARTEN AND DAY CARE SCHOOL.

A motion was made by Alderman Easter and seconded by Alderman Lembke for a first reading of Bill No. 3172. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3172 was read for the first time.

Mayor Jones said the Planning and Zoning Commission considered this matter on May 6. The Commission members present voted unanimously to recommend that Ballwin’s Ordinance # 1203 be amended in accordance with the City Administrator’s report, dated April 1, 2002.

A motion was made by Alderman Robinson and seconded by Alderman Anderson for a second reading of Bill No. 3172. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3172 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3172 with the following results: Ayes – Robinson, McDowell, Suozzi, Lembke, Buermann, Easter, Anderson, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3172 approved and it became Ordinance No. 02-31.

CONSENT ITEMS

  1. Liquor License Renewals
  2. Claymont Sidewalk
  3. Traffic Control
  4. Asphalt Overlay

A motion was made

REPORT OF THE MAYOR

Ballwin Days Appointment

A motion was made by Alderman Lembke and seconded by Alderman Suozzi to appoint Pat McDermott as Co-Chairman of Ballwin Days. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Alderman Easter said that Pat McDermott notified her that there are spaces available in the Ballwin Days Parade for any Alderman who wants to ride in the parade.

Planning & Zoning Commission Appointment - Mayor Jones reported that Terry Grogan from Ward 2 has served almost 6 years on the commission. Mayor Jones submitted Brad Underwood, residing on Capitol Landing, as the replacement for Mr. Grogan.

A motion was made by Alderman Gatton and seconded by Alderman Buermann to approve Brad Underwood from Ward 2 to the Planning and Zoning Commission. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

MaggieMoo’s Special Use Exception Transfer

A motion was made by Alderman Buermann and seconded by Alderman Anderson to approve the transfer of the Special Use Exception. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

REPORT OF THE CITY ADMINISTRATOR

Pool Funding Options

Amelia Bond, with A. G. Edwards, said that Ballwin has historically sold its bonds on a negotiated basis. She explained that a competitive bond sale is set about 2 months out, a date and time is selected to sell the bonds, and at that date and time, the lowest bidder wins. The negotiated sale is a negotiation between an underwriter at the time of sale. This will be the sale of revenue bonds instead of certificates of participation, because they are subject to annual appropriation of the council, not general obligation of the tax payers ad valorem taxes. Revenue bond issues are sold on a negotiated basis because of the additional security risk. Distribution to local investors is a much more greater possibility with revenue bonds because the underwriter is known ahead of time and is doing pre-marketing and will be making calls to local residents.

Ms. Bond said A. G. Edwards will go out for requests for proposals for underwriters that will give an open process that underwriters can present a proposal to then enter into negotiations on the sale of the bonds. A. G. Edwards recommends a negotiated sale.

Dorian Jamison, with A. G. Edwards, suggested on June 11, sending out the request for proposals to underwriters; look to receive responses back on June 19; provide analysis to Ballwin on June 20; Board selects the underwriter on June 24; rating and insurance packages be sent out on July 1; look to receive the ratings and insurance bids back on July 10 and 11; looking to sell the bonds on July 22 or 23; close the issue on August 8.

City Administrator Kuntz said the plan is to close the outdoor pool on August 11. Before anything starts, all the bonds should be in place with a schedule of draw and the money invested before the first demolition begins on the pool.

A motion was made

A motion was made

Olde Towne Phase 2

A motion was made

Expanded Street Plan

A motion was made

Pool Design Variance

A motion was made

Pointe Fees

Alderman McDowell said it’s not important to him that Ballwin has a competitive fee schedule with surrounding cities, but that it is important that The Pointe is affordable and convenient for Ballwin residents. Alderman Suozzi said the lock-in rates have been increased a couple of times. Alderman Gatton pointed out that through annexations, people are converted from non-residents to residents, and that reduces the revenue stream. This is one reason revenue has dropped. Alderman Robinson said the bottom line is the costs have to be covered.

A motion was made

MoDOT Right-of-Way Transfer

Seven Trails Sign Request

Alderman Robinson asked what the City will do with every business owner or apartment complex whose property is ¼ mile off of Manchester Road, if they make this same request. They may say that Seven Trails has been given space in the right-of-way to put up a sign and they don’t have property adjoining Manchester, so why are they being denied a sign. Alderman McDowell said this sketch for a new sign exceeds the current sign size. This sign exceeds the current sign and is more dominating than the current sign. Mr. Baumann said the whole structure is more than the current sign, but the sign square footage is the same or less.

Mr. Baumann said the original sign location in the original agreement was that Seven Trails Apartments would have a center island for the sign that Seven Trails would maintain. He was not asking that the City relocate the sign in the new center island when the street was moved and aligned with Ries Road, but that since they were already a non-conforming sign, that they be allowed to move the sign closer to Manchester, which would take it up to the State right-of-way, since there’s no longer a center island. Alderman Robinson said that Seven Trails Drive entrance at Manchester is not the entrance to Seven Trails Apartments. It is an entryway to the park and Government Center. The entry to Seven Trails is ¼ mile north. Alderman Suozzi said Seven Trails Apartments reaps benefits of the redesigned intersection. Mr. Baumann again stated that this intersection is the entrance to Seven Trails Apartments.

Alderman Buermann said he would like to see a City sign at this location because of the park and Government Center at this location. Mayor Jones said Ballwin does not allow off-premise advertising and this is truly non-conforming. He can understand an argument to allow the existing sign to remain, but none for building a new structure. He said the Board is not governed by an agreement that no one can find, nor is it lawful for a Board 17 years ago to bind successive boards in what’s going to happen 17 years down the road.

Alderman McDowell said that the structure is bigger than the original sign. He said that moving the sign is impeding upon space that belongs to the City of Ballwin. Moving the sign to the new location would appear that this would be the entrance to Seven Trails Apartments and would take away from the entrance to the park. He suggested a sign similar to the current sign, same size, and in a visible location.

Mayor Jones said unless someone is going to make a motion to approve this configuration at this meeting, no further action will be taken. No motions were presented. This sign and this configuration is not going to be approved by the Board. He told Mr. Baumann that he can try again with a different suggestion.

Manchester Road Sidewalks

A motion was made

Manchester Road – City Administrator Kuntz said it has been documented that the 3 most critical accident locations are the left hand turns out of Ballwin Plaza, Ramsey, and Mimosa onto Manchester Road. Prohibiting left turns from 8:00 a.m. to 8:00 p.m. is the proposal, due to the high accident rate during this time. This is currently enforced on Steamboat Lane from 4:00 – 6:00 p.m.

Alderman Gatton said that if people are going to be forced to use the signal, that MoDOT be contacted to suggest changing the methodology of the signals. Alderman McDowell said that other difficult left turns onto Manchester are at Lark Hill and Ballwin Manor. City Administrator Kuntz said the reconstruction of Ramsey Lane will not have a left turn lane.

Alderman Buermann asked Police Chief Biederman how will the public be educated about the 8:00 a.m. – 8:00 p.m. no left turns. Police Chief Biederman said that signs will be posted, "Horizon" articles can be prepared, and instead of tickets being immediately issued, warnings be provided to educate the public.

A motion was made

Closed Session

A roll call was taken with the following results: Ayes – McDowell, Buermann, Gatton, Lembke, Suozzi, Easter, Anderson, Robinson. Nays – None. Whereupon Mayor Jones declared the motion approved.

The meeting was adjourned to closed session at 8:45 p.m.

The closed session was convened at 8:50 p.m., wherein the Board discussed the education plan submitted by Finance Officer Loehr on May 13, 2002. This pro-active submission directly influenced the Board direction of November 12, 2001. After discussion, a motion was made by Alderman Robinson and seconded by Alderman Gatton to rescind the previous employment conditions and to authorize the City Administrator to deal with the situation, provided adequate educational attainment was maintained. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

City Attorney Lucchesi provided an update on the pending Windy Acres lawsuit. After discussion, the Board unanimously directed a negotiated settlement based on the escrow withholding.

A motion was made

A motion was made

by Alderman Easter and seconded by Alderman Gatton to adjourn. The motion passed unanimously and the meeting was adjourned at 9:16 p.m.
MC
by Alderman Easter and seconded by Alderman Lembke to adjourn to open session. The motion passed unanimously and the meeting was adjourned to open session at 9:15 p.m.
– A motion was made by Alderman Gatton and seconded by Alderman Buermann to move to closed session to discuss real estate, personnel, and litigation.
by Alderman Robinson and seconded by Alderman Gatton to draft legislation to prohibit the left turns during specific hours as recommended by staff. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Robinson and seconded by Alderman Anderson to direct the City Attorney to proceed the necessary work to implement the Special Improvement District. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz said if all property owners are going to be equal in terms of participation, the legislation should be drafted to create the Special Improvement District and to move forward. The City, in the grant application, committed to 30% of city funds, but the source of funds would be through reimbursements of construction by the affected property owners. This needs to be a ballot issue this year so that when construction starts in 2003, the assessment vehicle is on the books.
– City Administrator Kuntz provided the Board with a sketch from Herb Baumann, Manager of Seven Trails West Apartments. This discussion has been ongoing because of the relocation of Ries Road. Mr. Baumann is proposing a sign that would not exceed the square footage of the sign they have now, but it would be turned 90 degrees and they would like to relocate the sign. The Seventh Inn sign is on a pole. The current location of the Seven Trails sign is in the grass area of Rothman Furniture. Mr. Baumann wants to relocate the sign closer to the intersection. Alderman Suozzi said there was discussion about what the City might want as signage at this location for Vlasis Park. She said the Seven Trails sign can still be seen very well.
– City Administrator Kuntz explained that this is a proposal by MoDOT for Ballwin to exchange the right-of-way they need on Clayton Road for the right-of-way that they agreed to vacate to Ballwin on Paulding Drive at the Government Center. He said the State agreed to give Ballwin Paulding but wanted to charge $1,200 for the deed and recording. MoDOT then said if the City would consider giving them the right-of-way for Clayton Road, there would be no fees. At the June 24 Board of Aldermen meeting, a representative from MoDOT will be in attendance to discuss the Clayton Road plans. The Board agreed to discuss the issue with MoDOT at the next meeting.
by Alderman Robinson and seconded by Alderman Easter to draft an ordinance to increase the rates as recommended by the Parks Director to cover costs. 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 adjust The Pointe fees as a result of a comprehensive comparative survey. The fees have been unchanged since The Pointe opened. There are maintenance and other issues that need to be maintained with cost and revenues breaking even.
by Alderman Robinson and seconded by Alderman Gatton to draft legislation as recommended by staff. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz the City has a literal ordinance specifying material for detention requirements. The use of that material would have a significant impact on the budget for the pool construction. The material that is specified and proposed would have a 50-year lifespan warranty. He asked the Board to consider appropriate legislation that provides a design standard for the detention requirements, and does not totally lock in a concrete material, which is much more expensive. The other materials have come a long way in terms of reliability and durability. We can’t move forward with the award unless the Board is willing to consider amending the ordinance to provide for this. He said the galvanized had a tendency to rust out, particularly from the bottom and the pipes would cave in. The coated type of material is manufactured with a warranty of a 50-year lifespan. Alderman Gatton said this ordinance change will affect not only the pool, but anyone who has a development and needs to retain storm water, will be able to use this technology. It’s important to understand the warranty for ourselves and future developments. Mayor Jones said the wording of the ordinance should require concrete or its equivalent.
by Alderman Easter and seconded by Alderman Lembke to accept the proposal. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz recommended that the entire additional bond proceeds be allocated to an expended street program for 2002. The proposal is an allocation through a budget amendment of $407,086 for additional street work, including another phase for the Claymont sidewalk. There’s an element of preparation. A street cannot be micro-surfaced unless the surface is in good condition. The streets listed are ready and the rest is for slabs. In the Public Opinion Survey, progress on streets was stressed. Alderman Buermann agreed to put the extra money from the TIF toward the streets.
by Alderman Easter and seconded by Alderman McDowell to accept the Task One only. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz said this is a proposal from Development Strategies to evaluate the potential for another parcel, pursuant to Board direction. He suggested progressing in phases. Alderman Gatton asked if any interest has been expressed by developers. City Administrator Kuntz said the only interest is in the vacant property. If it becomes occupied, it takes the whole thing into another level of complexity. There is a window of opportunity because the vacant structure is there now. He said this is a study to see what the market might support and incrementally see how far the Board wants to go with it.
by Alderman Suozzi and seconded by Alderman Anderson to reschedule the July 22 Board meeting on July 23. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
by Alderman Lembke and seconded by Alderman Gatton to approve a negotiated sale of the bonds for the pool. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz introduced Amelia Bond, Municipal Finance Department for A. G. Edwards, to report on the financing of the municipal pool complex, which will be under construction in August. One method is a negotiated transaction, which A. G. Edwards would serve as financial advisor. The other is a competitive situation. A. G. Edwards would not be a participant in the competition as financial advisors; they would serve as analyst to evaluate the proposals and recommend the best deal possible. In either event, this is a certificate of participation. It’s a collateralized sale where municipal property is used as collateral. By having the collateral, the rates are better because there is a greater comfort level among the investors.
– Mayor Jones said the business has been sold and, therefore, requires a transfer of the Special Use Exception.
– Mayor Jones said that since Chairman Tom Moorkamp has a conflict, and Co-Chairman Frank Rogers has health problems, he said that Tim Vincent will become the Ballwin Days Chairman and Pat McDermott be appointed as Co-Chairman. Tom Moorkamp will be available up to Ballwin Days, but not on Ballwin Days weekend.
by Alderman McDowell and seconded by Alderman Buermann to accept the consent items. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.