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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

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
January 28, 2002

The meeting was called to order by Mayor Jones at 7:02 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 Tom McCarthy

 

Alderman Mike Boland

 

Alderman Charles Gatton

 

City Attorney Lionel Lucchesi

 

City Administrator Robert Kuntz

 

The Pledge of Allegiance was given.

 

The Minutes of the January 14, 2001 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Easter 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.

Mayor Jones recognized the Scouts in attendance and thanked them for their interest in the City of Ballwin.

CITIZEN COMMENTS

Doriana Grillo, Enigma Lounge Manager

Lynn Goetz, 14706 Clayton Road

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3146

- AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO McMo MANAGEMENT LLC, DBA McALISTER’S DELI, FOR A RESTAURANT WITH CARRYOUT.

A motion was made by Alderman Boland and seconded by Alderman Buermann for a first reading of Bill No. 3146. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3146 was read for the first time.

Alderman Suozzi brought up the dumpster enclosure issue. She asked if this enclosure should be consistent with the other enclosures in the plaza. Mayor Jones said the response from the Plaza owner that was expected has not been submitted. Dan Fox, representing Regency said that they are prepared to do what the City requests in this matter. Alderman Easter said she voted against this in the Planning & Zoning review because the dumpster enclosure wasn’t consistent with the other enclosures in the plaza.

A motion was made by Alderman Boland and seconded by Alderman Gatton to amend Item 12 of the Exhibit to remove "may not be located within any front yard", and approve it as amended. A voice vote was taken with an affirmative result.

A motion was made by Alderman Boland and seconded by Alderman Gatton for a second reading of Bill No. 3146, as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3146 was read for the second time.

Mayor Jones said that in order to find in favor of the petitioner, this Board must find that the petition will not substantially increase traffic hazards or congestion, will not adversely affect the character of the neighborhood, will not adversely affect the general welfare of the community, will not over-tax public utilities, will not adversely affect public safety and health, and that the petition is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted developments and uses of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

A roll call was taken for passage and approval of Bill No. 3146 with the following results: Ayes – Boland, Gatton, McCarthy, Buermann.. Nays – Robinson, Suozzi, Easter. Whereupon Mayor Jones declared Bill No. 3146 to be defeated for failure to receive a majority vote of the entire Board as required by State law.

A motion was made by Alderman Boland and seconded by Alderman Suozzi to reconsider the vote for Bill # 3146. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Alderman Robinson said that City Planner Aiken has reported that, in his opinion, the current dumpster enclosure design is not architectural compatible with building "H" on the Plaza. Mayor Jones suggested that the developer be advised as to the form the Board wants the enclosure to take, and make it part of the motion.

A motion was made by Alderman Easter and seconded by Alderman Suozzi for a first reading of Bill # 3146 with the amendment that the dumpster enclosure be a masonry structure compatible with the architecture of the plaza and with a screening roof structure that meets code and is also architecturally compatible with the plaza. A voice vote was taken with a unanimous affirmative result and the motion was declared passed and the amended bill 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. 3146, as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3146 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3146 with the following results: Ayes – Gatton, Boland, Robinson, McCarthy, Suozzi, Easter, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3146 approved and it became Ordinance No. 02-06.

BILL # 3147

- AN ORDINANCE AMENDING SECTION 15-480 ENTITLED "SCHEDULE E - STOP INTERSECTIONS AND LOCATIONS" AND SECTION 15-487 ENTITLED "SCHEDULE L - YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN.

A motion was made by Alderman Easter and seconded by Alderman Boland for a first reading of Bill No. 3147. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3147 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. 3147. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3147 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3147 with the following results: Ayes – Buermann, Easter, Boland, McCarthy, Robinson, Gatton, Suozzi. Nays – None. Whereupon Mayor Jones declared Bill No. 3147 approved and it became Ordinance No. 02-07.

BILL # 3148

- AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING SECTION 15-482 SCHEDULE G ENTITLED PARKING PROHIBITED AT ALL TIMES IN THE CITY OF BALLWIN.

A motion was made by Alderman Buermann and seconded by Alderman Gatton for a first reading of Bill No. 3148. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3148 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. 3148. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3148 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3148 with the following results: Ayes – Robinson, Suozzi, Buermann, Gatton, Boland, Easter, McCarthy. Nays – None. Whereupon Mayor Jones declared Bill No. 3148 approved and it became Ordinance No. 02-08.

BILL # 3149

- AN ORDINANCE AMENDING SEC. 15-484 SCHEDULE I, ENTITLED ONE-WAY STREETS, BY ELIMINATING THE REFERENCE TO ROCK ROAD.

A motion was made by Alderman Gatton and seconded by Alderman Boland for a first reading of Bill No. 3149. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3149 was read for the first time.

Alderman Boland noted the need to amend Section 2 to change "an approval" to "and approval"…

A motion was made by Alderman Boland and seconded by Alderman Buermann for a second reading of Bill No. 3149, as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3149 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3149 with the following results: Ayes – Boland, Easter, Gatton, Buermann, Robinson, McCarthy, Suozzi. Nays – None. Whereupon Mayor Jones declared Bill No. 3149 approved and it became Ordinance No. 02-09.

A RESOLUTION

OF SUPPORT BY THE BOARD OF ALDERMEN OF THE CITY OF BALLWIN TO REDUCE THE SCOPE OF THE "OLDE TOWNE BALLWIN ENHANCEMENT PROJECT", UNDER THE TRANSPORTATION ENHANCEMENT PROGRAM OF THE MISSOURI DEPARTMENT OF TRANSPORTATION.

City Administrator Kuntz explained that the purpose of this Resolution is to reduce the scope of the project only to reflect the boundaries outside of the developer’s responsibility as outlined in the Redevelopment Plan.

A motion was made by Alderman Boland and seconded by Alderman Suozzi to accept the Resolution for the Olde Towne Ballwin Enhancement. A voice vote was taken with a unanimous affirmative result and the Resolution was declared passed.

CONSENT ITEMS

Public Maintenance – City Administrator Kuntz said this should be for Plats 4 and 8 instead of 4 and 5.

A motion was made by Alderman Easter and seconded by Alderman Gatton 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

None.

REPORT OF THE CITY ADMINISTRATOR – City Administrator Kuntz said the Parks Director recommends a one-year reduction due to the abbreviated 2002 season. This would be an appropriate gesture to the patrons, and Board support, by motion, is recommended for this one season only.

 

 

 

Outdoor Pool Rates

A motion was made by Alderman Robinson and seconded by Alderman Gatton to roll back the outdoor pool rates for 2002 due to the abbreviated season, the last day being August 11, 2002. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. City Attorney Lucchesi said an ordinance is not needed for this action because the rates have not changed.

State Tobacco Law

A motion was made by Alderman Boland and seconded by Alderman Robinson to authorize the City Attorney to prepare draft legislation for consideration. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Castle Pines Streets

Manchester Road Sidewalks

Swim Team Fees

A motion was made by Alderman Robinson and seconded by Alderman McCarthy to proceed as Parks Director Bruer has recommended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Aldermanic IDs

Focus Groups

Retreat

Re-Election Candidates

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

The Board convened in closed session at 8:22 p.m.

A motion was made by Alderman Easter and seconded by Alderman Gatton to reconvene into open session. A roll call was taken with a unanimous affirmative result. Whereupon Mayor Jones declared the motion approved and the closed session was adjourned at 9:06 p.m.

The Board convened in open session at 9:07 p.m.

Mayor Jones announced that the Board had met in closed session to discuss matters of litigation. No votes were taken on any matters.

 

ALDERMANIC COMMENTS

None.

 

A motion was made by Alderman Easter and seconded by Alderman Buermann to adjourn. The motion passed unanimously and the meeting was adjourned at 9:08 p.m.
MC

-- City Administrator Kuntz congratulated the Aldermen who will be re-elected.
– City Administrator Kuntz said a date for the retreat will be decided at the next Board meeting.
– City Administrator Kuntz reminded the Board that the meetings will be held at the Government Center Conference Room. There are 4 sessions, 1½ hours each, February 5 and 6, from 6:15 – 9:30 p.m. Dr. Ken Warren and Craig Simon from AKA Design will make the presentations to create identification initiative.
– There is time available this Saturday. If there is ever an emergency, the ID will be needed to gain access to facilities.
– Alderman Robinson said he doesn’t mind a 180 member cap to the size of the swim team, as long as residents do not get cut. Alderman Easter said after the new facility is built, the cap won’t be necessary. Alderman McCarthy said that 180 is about as large of a team as is manageable.
– City Administrator Kuntz said work is progressing on the sidewalk in front of Elco Chevrolet and other businesses, but Ballwin cannot afford to pay the match on the sidewalk grant for the remaining parcels. The only option is to require adjoining properties to vote to create a special district. Alderman Suozzi suggested listing the businesses in the "Horizon" that have installed sidewalks on their own to encourage other businesses to do so. She said that MoDOT has agreed to install push-button crosswalks. The Board agreed that it would not withdraw from this grant until the Mayor and Board members had personally contacted the businesses that have not responded to the letters and obtained a position from them on this issue.
– City Administrator Kuntz said the enforcement radar trailer was on the street and speeds have been measured. City Engineer Kramer has contacted the petitioner and asked that he look at the options and determine the level of support for them in his neighborhood. He asked if the Board has interest in considering a neighborhood improvement district as potential funding mechanism for any improvements. He said that unless the character of the road changes in some way, the behavior of the motorists will not. Alderman Boland suggested speed humps be considered. He pointed out that Metrowest Fire District doesn’t like this technique, but it is used in Los Angeles, San Diego, and many other cities. Alderman Gatton said that Ballwin had little influence on the design of many of the problem streets. They were in existence prior to annexation into Ballwin.
– City Administrator Kuntz said this is to bring Ballwin’s local ordinance into compliance with State statutes regarding tobacco possession.
: Mr. Goetz raised the question of the flags being flown on poles around Ballwin not being the proper size. Alderman Boland thanked Mr. Goetz for the brochure. City Administrator said this will be distributed to all owners of cell tower flag poles in the City.
: Ms. Grillo addressed the Board saying that she understands that some of her neighbors complained to the Board at its January 14th meeting. She said that she has since mailed a letter to her neighbors asking that they let her know if there are any problems. She does not believe that some of the complaining neighbors will ever be happy. She noted that the trash may be from other sources. The security guard is on duty, and she checks on everything herself to make sure there are no problems. She said she is trying to be a good neighbor and wants to cooperate with them.