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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 14, 2002 

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 Tom McCarthy

 

Alderman Mike Boland

 

Alderman Charles Gatton

 

City Administrator Robert Kuntz

 

City Attorney Lionel Lucchesi

 

The Pledge of Allegiance was given.

The Minutes of the December 10, 2001 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman McDowell and seconded by Alderman Boland to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the December 18, 2001 Special Committee Meeting were submitted for approval. A motion was made by Alderman Suozzi and seconded by Alderman Boland to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

CITIZEN AWARD

Chief of Police Biederman recognized and thanked Daniel Kreikemeier for coming to the aid of a Ballwin Police Officer. Chief Biederman said on Wednesday, November 7, 2001, at 6:30 p.m., Officer Tracy Betz conducted a traffic stop at the corner of Seven Trails and Park Drive. As Officer Betz conducted her investigation, the suspect became violent and a struggle ensued. Officer Betz was unable to control the suspect and proceeded to call for assistance from other units to respond. Mr. Kreikemeier, driving by, observed the struggle, and stopped to assist. Mr. Kreikemeier and Officer Betz struggled with the suspect and were able, by working together, to subdue the suspect until additional officers arrived. This situation might have become more serious if Mr. Kreikemeier had not risked his personal safety to assist a Police Officer. Chief Biederman presented a certificate of appreciation from the Ballwin Police Department.

HOLIDAY DECORATING CONTEST WINNERS

Mayor Jones presented the first place award to Ken and Michelle Kroeger; second place award to Dave and Cynthia Formenti; third place award to Don, Carol, and Kirk James.

CITIZEN COMMENTS : Mr. Andershak said his subdivision is adjacent to the Enigma Lounge. He understands that the Federal Court has allowed Enigma to have live entertainment. Since this has occurred, there are traffic and overflow parking problems in the subdivision, trash in the residents’ yards, and loud noises from patrons. Traffic backs up on Clayton and Kehrs Mill Roads. There is no sign of the valet parking or security guards that were promised by Enigma Lounge.

 

 

 

David Andershak, Clayton Ridge Subdivision Trustee

Mayor Jones said the court case has not had a final judgement; it’s still pending litigation.

Mr. Andershak raised the question of how Enigma, a new business with a different owner, can operate under the original Special Use Exception.

Melissa Fowler, 910 Claybend

Ann Childress, 914 Claybend

Greg Snyder, 314 Clayheath

Karen Branstetter, 453 Westglen Village Drive

Alderman Boland suggested that lowering the speed limit might help with the problem. City Administrator Kuntz said there are no specific streets earmarked in the 2002 budget, but street improvements as a general item are in the budget. Ms. Branstetter requested an additional speed limit sign.

Lorrie Pfeiffer, 449 Westglen Village Drive

Mayor Jones said that in a previous situation, City representatives met with the neighbors to discuss the possible solutions.

Alderman Robinson further explained the procedure and said that another petition will not be necessary if a petition had been submitted previously.

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3141

- AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO VOICESTREAM WIRELESS FOR A DISGUISED SUPPORT STRUCTURE IN THE FORM OF A FLAGPOLE IN EXCESS OF THE MAXIMUM HEIGHT LIMIT OF THE APPLICABLE ZONING DISTRICT AND FOR A PUBLIC UTILITY FACILITY IN ANY DISTRICT.

Mayor Jones said the Planning and Zoning Commission voted by majority to recommend approval of SUE 01-12, subject to compliance with the staff report issues but only requiring the construction of a 3-bay tower.

A motion was made by Alderman Boland and seconded by Alderman Buermann for a first reading of Bill No. 3141. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3141 was read for the first time.

Alderman Suozzi believes that the proposed flag is too small. It would be better to have no flag. Alderman Easter believes that the extra antenna bay is a good idea. She wonders if the thicker pole without a flag is still a disguised support structure.

Mayor Jones said the tower should accommodate as many users as possible in order to minimize the need for additional towers in the future. Alderman Easter said she voted against this at the Planning and Zoning Commission meeting because it didn’t include a 4th bay for a second user.

Alderman McDowell said the flag is an important aesthetic aspect but the pole should accommodate maximum potential users. Alderman Gatton said the Board should encourage vendors to make use of existing facilities and make sure any new facilities that are created allow for additional vendors.

Mayor Jones said this petition is being considered as a flagpole in excess of the height in the district. This is not a S.U.E. petition for a telecommunications tower. There will be additional findings. If we don’t want a flag, it must be considered in a different way.

Mr. Thor Hern, Attorney for Voicestream, said he presented this at the Planning and Zoning Commission meeting. He said that Voicestream will provide a flag that is proportionate to the tower. The proposed flag is 20 feet by 30 feet. The structural issues of the AmerenUE towers is that they cnnot physically support any more antennas; therefore, Voicestream cannot co-locate on any of the other existing structures.

Aldermen McDowell and Easter expressed agreement that all towers should be maximized for more than just one user.

A motion was made by Alderman McDowell and seconded by Alderman Boland to amend Bill No. 3141, paragraph 16, Exhibit One, with the stipulation added that there be 4 bays, instead of 3 bays, with a 20-foot x30 foot flag that is proportional to the height of the pole. The motion passed unanimously.

A motion was made by Alderman McDowell and seconded by Alderman Boland for a second reading of Bill No. 3141 as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3141 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. 3141 with the following results: Ayes – Buermann, Easter, Robinson, Boland, McCarthy, Gatton, McDowell. Nays – Suozzi. Whereupon Mayor Jones declared Bill No. 3141 approved and it became Ordinance No. 02-01.

BILL # 3142

- AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING CERTAIN USER FEES.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3142. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3142 was read for the first time.

A motion was made by Alderman Easter and seconded by Alderman Robinson for a second reading of Bill No. 3142. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3142 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3142 with the following results: Ayes – McCarthy, Gatton, McDowell, Suozzi, Easter, Buermann, Robinson, Boland. Nays – None. Whereupon Mayor Jones declared Bill No. 3142 approved and it became Ordinance No. 02-02.

BILL # 3143

- AN ORDINANCE ACCEPTING THE STREETS OF CASTLE PINES SUBDIVISION PLATS 13 AND 14 FOR PUBLIC MAINTENANCE AS PROVIDED FOR IN THE CODE OF ORDINANCES OF THE CITY OF BALLWIN.

A motion was made by Alderman Gatton and seconded by Alderman Boland for a first reading of Bill No. 3143. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3143 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. 3143. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3143 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3143 with the following results: Ayes – Robinson, McDowell, Boland, Suozzi, Buermann, Gatton, Easter, McCarthy. Nays – None. Whereupon Mayor Jones declared Bill No. 3143 approved and it became Ordinance No. 02-03.

BILL # 3144 - AN ORDINANCE AMENDING SECTION 15-480 ENTITLED "SCHEDULE E - STOP INTERSECTIONS AND LOCATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN.

A motion was made by Alderman Easter and seconded by Alderman Buermann for a first reading of Bill No. 3144. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3144 was read for the first time.

Alderman Suozzi noted that these signs are not consistent with the warrants of the stop sign policy. She believes that this is throwing out the work of the stop sign and traffic calming committees. She asked if there is a traffic calming solution to this problem.

Alderman McDowell supports the stop sign policy, but he believes that there are special needs at these locations. He does not believe the policy should be thrown out.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3144. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3144 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3144 with the following results: Ayes – McDowell, Easter, Suozzi, Buermann, Boland, Gatton, McCarthy. Nays – Robinson. Whereupon Mayor Jones declared Bill No. 3144 approved and it became Ordinance No. 02-04.

BILL # 3145

- AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN ST. CHARLES COUNTY AND THE CITY OF BALLWIN, A MUNICIPALITY OUTSIDE ST. CHARLES COUNTY, FOR ACCESS TO AND USE OF THE ST. CHARLES COUNTY SHERIFF’S TRAINING CENTER FIRING RANGE BY MUNICIPAL POLICE OFFICERS

A motion was made by Alderman Buermann and seconded by Alderman Gatton for a first reading of Bill No. 3145. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3145 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. 3145. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3145 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3145 with the following results: Ayes – Buermann, McCarthy, Gatton, Easter, Robinson, Suozzi, McDowell, Boland. Nays – None. Whereupon Mayor Jones declared Bill No. 3145 approved and it became Ordinance No. 02-05.

CONSENT ITEMS

Park Car

Rock Road

Check Signatures

Computers

Fix Asset Software

Plaza Signs

Park Electric

Storm Water

A motion was made by Alderman Boland and seconded by Alderman Buermann to approve the consent items. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

REPORT OF THE MAYOR

Aunty’s Attic Special Use Exception Transfer

A motion was made

Kinder Care Special Use Exception Transfer

A motion was made

Historical Commission

A motion was made

Olde Towne Enhancement

Dan Fox, of Regency Centers LLC, addressed the Board saying that he objected to Ballwin pursuing the grant after accepting Regency’s offer to complete 100% of only the work in the original Redevelopment Agreement.

Mr. Fox said the cost of the additional improvements are as yet unknown. He believes if the retaining walls could be deleted, and existing slopes used, there may yet be an advantage for Regency to pursue the enhancement funds. He thinks Regency should be able to share in any of the potential savings.

Alderman Boland expressed his frustration that Mr. Fox had committed to doing 100% of the work or paying a maximum of $275,000, and now that isn’t what he is agreeing to. Alderman Suozzi agreed with Alderman Boland. Alderman McDowell said that Regency gave Ballwin the choice of pursuing the grant with a maximum contribution of $275,000 to the project and Ballwin would have to come up with the rest of the funds. Everyone in the committee meeting understood this agreement, or the alternative of not participating in the grant and paying 100% of the work described in the Redevelopment Agreement. He said he doesn’t know how Mr. Fox missed Ballwin’s option of pursuing the grant on its own because it was crystal clear. Mayor Jones noted that the committee meeting continued after Mr. Fox left.

Mr. Fox said if the City wants him to do only the work outlined in the Redevelopment Agreement, he will. He asked the City to consider some reimbursements from the cost that Regency has spent to keep the project on time.

Mayor Jones said Ballwin and Regency Centers are at an impasse with no obvious means of resolution.

City Administrator Kuntz said the committee recommended accepting Regency’s offer to do only what the site plan calls for and that doesn’t include any money changing hands. Mr. Fox said Regency got what they bargained for in the redevelopment agreement.

A motion was made

REPORT OF THE CITY ADMINISTRATOR

TIF – City Administrator Kuntz introduced Laura Radcliff from A.G. Edwards and Jim Mello representing Armstrong Teasdale. He noted that there are legal questions that can only be resolved by the bond council so this position would be filled. Armstrong Teasdale submitted a proposal that it be considered the bond council for the project. He recommended that this appointment be made.

A motion was made

City Administrator Kuntz recommended that the bond issuer appointment be made to the firm of A.G. Edwards.

Alderman Boland said he has full faith in A.G. Edwards’ abilities and in Laura Radcliffe to do this work.

A motion was made

Spring Cove – C

Alderman Gatton asked who is responsible for replacing the temporary roadway with a permanent roadway that meets Ballwin standards, because the developer will be gone by the time that’s able to happen. City Administrator Kuntz said the County is going to make the improvements in conjunction with the Big Bend upgrade. When the elevations are changed to create a reconstructed Big Bend, they will rebuild this roadway segment to meet Ballwin standards.

Mr. Dunard, of the County Highway Department, said it will remove the interim pavement and rebuild to Ballwin’s standards when Big Bend is upgraded. The County is willing to grant this understanding in writing. He said the City should send a letter to the Director of the County Department of Highways requesting a written conformation.

A motion was made

City Administrator Kuntz displayed the new employee photo identification cards. In the next few weeks, arrangements will be made for the Board of Aldermen to acquire their own cards.

ALDERMANIC COMMENTS

Alderman Boland noted that there are many problems with speeding in residential neighborhoods. He wants the Board to think about setting a lower speed limit on cut-through streets. He suggested 15 m.p.h. City Administrator Kuntz said he discussed this with Police Chief Biederman. If the laws are not reasonable, you can’t expect people to adhere to them. He believes that 15 m.p.h. is a difficult speed to enforce. Alderman Easter believes many residents would object. City Administrator Kuntz suggested that the matter be assigned to staff for review and comment.

A motion was made by Alderman Gatton and seconded by Alderman Buermann to adjourn into closed session to discuss litigation. A roll call was taken with the following results: Ayes – Easter, Buermann, Suozzi, Gatton, McDowell, Boland, Robinson, McCarthy. Nays – None. Whereupon Mayor Jones declared the motion approved. The motion passed unanimously and the meeting was adjourned to closed session at 9:15 p.m.

The Board convened in closed session at 9:20 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, McDowell, Suozzi, Boland, Robinson, Gatton, McCarthy. Nays – None. Whereupon Mayor Jones declared the motion approved. The motion passed unanimously and the closed session was adjourned at 10:20 p.m.

The Board convened in open session at 10:21 p.m.

Mayor Jones announced that the Board had convened in closed session to discuss matters of litigation. While in closed session, a motion was made by Alderman Boland and seconded by Alderman Gatton that City Attorney Lucchesi be authorized to proceed with the appeal of the Enigma lawsuit. The motion passed with Aldermen Suozzi, Buermann, Robinson, Boland, and Gatton voting yes, and Aldermen Easter, McDowell, and McCarthy voting no. The motion was declared passed.

A motion was made by Alderman Gatton and seconded by Alderman Boland to adjourn. The motion passed unanimously and the meeting was adjourned at 10:23 p.m.
MC

by Alderman Gatton and seconded by Alderman Boland to accept the recommended compromise. A voice vote was taken with a unanimous affirmative result. The motion was declared passed.
ity Administrator Kuntz said he spoke with Mr. Dooley, Mr. Kramer and Mr. Aiken. He believes that Mr. Aiken’s memo provides a reasonable compromise on these issues. He recommended Mr. Aiken’s proposal for approval.
by Alderman Boland and seconded by Alderman Gatton to hire A.G. Edwards as bond issuing agency . A voice vote was taken with Alderman Robinson voting No. The motion was declared passed.
by Alderman Boland and seconded by Alderman Suozzi to appoint Armstrong Teasdale as bond council for the TIF bond issuance. A voice vote was taken with Alderman Robinson voting No. The motion was declared passed.
by Alderman Boland and seconded by Alderman Robinson to prepare a resolution accepting the recommendation of the committee for approval at the next Board meeting. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: Mayor Jones explained that it has been recommended by the special committee appointed to review the Regency proposal relative to the enhancement grant that Ballwin accept the developer’s offer to complete the sidewalk and related improvements shown in the redevelopment plan. Ballwin should then submit a grant amendment to redefine the scope of the work and that area east of Rock Road and west of Seven Trails Drive, and be responsible for the grant match in this area. The developer would then be removed for any cost liability for this position of the project which was outside the scope of the redevelopment agreement.
by Alderman McDowell and seconded by Alderman Robinson to reappoint Don Essen to the Historical Commission. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: Mayor Jones requested approval of the reappointment of Don Essen to the Historical Commission.
by Alderman Boland and seconded by Alderman Suozzi to resubmit the SUE transfer and amendment petition to the Planning and Zoning Commission for review, with the stipulation that the transfer be to the business operator, not the property owner. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: Alderman Robinson said he is not inclined to approve the transfer when the petitioner is not present to answer questions.
by Alderman Boland and seconded by Alderman Buermann to approve the transfer of the Special Use Exception for the operation of Aunty’s Attic. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
: Mayor Jones said this is a transfer of the Special Use Exception allowing the operation of the antique store and consignment shop at 15260-62 Manchester Road, to Mary Gail Sebek, dba Aunty’s Attic.

 

 

: Ms. Pfeiffer said the Police do not run enough radar. This is a long street, and there’s no place for the police to hide to catch the speeders. There are about 46 small children in the 5th grade and younger who live on this street. She asked what the next step will be after the study is completed.
: Ms. Branstetter spoke regarding traffic calming. She requested information on the status of the traffic study requested for her street. The letter from the City said that the work could not be done before 2002. She said that nothing has been put in the budget for Westglen Village Drive. The traffic speed counter was placed today.
: Mr. Snyder believes that the activity from the Enigma Lounge will hurt the value of the surrounding residential properties.
: She has observed pedestrian traffic behind her house. The Suburban drives very fast behind her house. It’s difficult to get to her house because of all the Enigma traffic.
: Ms. Fowler said her property backs up to Clayton Ridge Drive. A man in a Chevy Suburban is telling people that the parking lot is full but not providing valet service parking from 9:00 p.m. – 3:00 a.m.. She has had to wait 10 minutes to get into her subdivision because of Enigma traffic stacking on Clayheath and Claybend Drives and blocking the road. She believes the man in the Suburban is a private security person employed by Enigma. He has told her that she couldn’t drive in certain areas. She has observed Enigma patrons throw lit cigarettes into her yard. It’s continuous noise and disturbance with people walking through her back yard.