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 Mike Boland

Alderman Kenneth W. Buermann

 

Alderman Jane Suozzi

 

Alderman James Robinson

 

Alderman Tom McCarthy

 

Alderman Charles Gatton

 

City Attorney Lionel Lucchesi

 

City Administrator Robert Kuntz

 

The Pledge of Allegiance was given.

MINUTES

The Minutes of the January 28, 2001 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

Lynn Goetz, 14706 Clayton Road: Mr. Goetz said asked if the Board had read the information he provided regarding the flag. Mayor Jones said yes. Mr. Goetz said there are specific measurements for the flag in proportion to the pole. He also noted that the gold fringe on the flag displayed in the Board room is a fourth color, not part of the Title 4 flag and represents "color of military law jurisdiction, and when placed on the Title 4 U.S. Code 1 and 2 flag, mutilates the flag and suspends the constitution". He said the flag on display in the Board room is not a valid U.S. flag. He suggested replacing the gold fringed flag with a valid U.S. flag because the Board room is also used for court.

Mr. Goetz asked what type of housing violation would justify going to a judge to obtain a search warrant. Mayor Jones said this would be a health and safety violation inside or outside the building.

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3150

- AN ORDINANCE AUTHORIZING THE EXECUTION OF A SALES TAX COLLECTION AGREEMENT WITH THE BALLWIN TOWN CENTER TRANSPORTATION DEVELOPMENT DISTRICT, AND AUTHORIZING CERTAIN RELATED ACTIONS OF CITY OFFICIALS.

A motion was made by Alderman Easter and seconded by Alderman Robinson for a first reading of Bill No. 3150. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3150 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Suozzi for a second reading of Bill No. 3150. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3150 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3150 with the following results: Ayes – Robinson, Easter, Buermann, McCarthy, Gatton, Suozzi. Nays – None. Whereupon Mayor Jones declared Bill No. 3150 approved and it became Ordinance No. 02-10.

BILL # 3151

- AN ORDINANCE ACCEPTING ALL STREETS IN CASTLE PINES PLATS 4 AND 8, AS WELL AS WESTBROOKE WOODS ADDITION PLATS 1 AND 2 FOR PUBLIC MAINTENANCE AS PROVIDED FOR IN THE CODE OF ORDINANCES OF THE CITY OF BALLWIN.

A motion was made by Alderman Buermann and seconded by Alderman Gatton for a first reading of Bill No. 3151. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3151 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Gatton for a second reading of Bill No. 3151. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3151 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3151 with the following results: Ayes – McCarthy, Suozzi, Buermann, Easter, Gatton, Robinson. Nays – None. Whereupon Mayor Jones declared Bill No. 3151 approved and it became Ordinance No. 02-11.

BILL # 3152

- AN ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BY THE MAYOR OF THE CITY OF BALLWIN WITH THE CITIES OF CHESTERFIELD, CLARKSON VALLEY, ELLISVILLE, MANCHESTER, TOWN & COUNTRY, WILDWOOD AND WINCHESTER RELATIVE TO MUTUAL AID ASSISTANCE IN DISASTER OR EMERGENCY SITUATIONS.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3152. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3152 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. 3152. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3152 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3152 with the following results: Ayes – Easter, McCarthy, Robinson, Gatton, Suozzi, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3152 approved and it became Ordinance No. 02-12.

BILL # 3153

- AN ORDINANCE AMENDING THE CODES OF ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO THE POSSESSION OF TOBACCO PRODUCTS BY A MINOR.

A motion was made by Alderman Gatton and seconded by Alderman Easter for a first reading of Bill No. 3153. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3153 was read for the first time.

A motion was made by Alderman McCarthy and seconded by Alderman Easter for a second reading of Bill No. 3153. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3153 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3153 with the following results: Ayes – McCarthy, Easter, Gatton, Buermann, Suozzi, Robinson. Nays – None. Whereupon Mayor Jones declared Bill No. 3153 approved and it became Ordinance No. 02-13.

CONSENT ITEMS

Gasoline Storage Tank

Yield Sign

A motion was made by Alderman Suozzi 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.

REPORT OF THE MAYOR

O’Charley’s Liquor License - A motion was made by Alderman Gatton and seconded by Alderman Easter to approve the O’Charley’s Liquor License request. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

March 25, 2002 Board of Aldermen Meeting – Mayor Jones suggested cancellation of the March 25 Board of Aldermen meeting due to the March 2 Retreat, a Board meeting on March 11, and the election on April 2. There are no zoning issues pending that would appear on the March 25 meeting agenda.

A motion was made by Alderman Robinson and seconded by Alderman Suozzi to cancel the March 25 Board meeting. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

REPORT OF THE CITY ADMINISTRATOR

Retreat, March 2, 2002, 8:00 a.m. – Noon, Board Room -- City Administrator Kuntz said the consultants who conducted the focus group sessions will be prepared to address the Board. He suggested that all participants in the focus group be invited to attend this Retreat.

Occupancy Inspections -- City Administrator Kuntz explained that a search warrant may be necessary in the interest of public safety. The language in the current code does not provide for search warrants. This would be applied on a case-by-case basis in extreme situations. He recommended the code be amended to provide for the issuance of search warrants.

A motion was made by Alderman Suozzi and seconded by Alderman Robinson to have the City Attorney draft legislation to provide for search warrants in extreme situations for public health and safety. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Overpass Easement - City Administrator Kuntz explained that the area for a potential landing of the pedestrian bridge is smaller, as proposed by the developer, than had originally be envisioned by staff. From the developer’s perspective this is a problem because of parking, other buildings, and visibility. The developer’s proposal is 30-foot x 30-foot area for a potential pedestrian overpass. The design issues have not as yet been discussed. An elevator would be required to meet ADA standards. Mr. Dan Fox said the plan that Tom Aiken gave him, the overpass area was 100 feet wide. This would block a tremendous amount of visibility to the front of the shops. His attorney said this cannot be done without all of the tenants being consulted to allow a larger structure. Alderman Suozzi said pedestrian access to the plaza has been a primary concern from the very beginning. The issue was held over pending further clarification and input from the tenants.

TIF Update – City Administrator Kuntz said it is legally possible to amend the agreement. Because of the increase in tenants and the half-cent park tax, there is probably a better financial picture today than when it was first proposed by Zelman. He said, without reconvening the TIF District, by legislative action, the City could amend the TIF agreement up to the $15 million. Mayor Jones said the City and other taxing districts would have to wait until an additional amount of TIF bonds are paid off if Ballwin decides to extend additional TIF funding.

Closed Session – Pending Litigation

ALDERMANIC COMMENTS

None.

A motion was made by Alderman Buermann and seconded by Alderman Gatton to adjourn into closed session to discuss litigation. A roll call was taken with the following results: Ayes – Buermann, Suozzi, Easter, McCarthy, Gatton, Robinson. Nays – None. Whereupon Mayor Jones declared the motion approved. The motion passed unanimously and the meeting was adjourned to closed session at 7:50 p.m.

The Board convened in closed session at 7:53 p.m.

A motion was made by Alderman Robinson and seconded by Alderman Easter to reconvene into open session. A roll call was taken with the following results: Ayes – Easter, Buermann, Suozzi, Robinson, McCarthy, Gatton. Nays – None. Whereupon Mayor Jones declared the motion approved. The motion passed unanimously and the closed session was adjourned at 8:20 p.m.

The Board convened in open session at 8:21 p.m.

Mayor Jones announced that while in closed session, the Board discussed the pending Zgavago’s lawsuit. A motion was made by Alderman Robinson and seconded by Alderman McCarthy to authorize the City Attorney to settle this suit based on the terms that he negotiated, provided the legal/professional fees did not exceed $30,000. A roll call was taken with the following results: Ayes – Gatton, Robinson, McCarthy, Buermann, Easter. Nays – Suozzi. Whereupon Mayor Jones declared the motion approved.

A motion was made by Alderman Easter and seconded by Alderman Robinson to adjourn. The motion passed unanimously and the meeting was adjourned at 8:25 p.m.
MC