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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

November 26, 2001

 


The meeting was called to order by Mayor Jones at 7:00 p.m.

 

PRESENT

ABSENT

Mayor Robert E. Jones

 

Alderman Kay Easter

Alderman Charles Gatton

Alderman Press McDowell

City Attorney Lionel Lucchesi

Alderman Kenneth W. Buermann

 

Alderman Jane Suozzi

 

Alderman James Robinson

 

Alderman Tom McCarthy

 

Alderman Mike Boland

 

City Administrator Robert Kuntz

 

The Pledge of Allegiance was given.

Mayor Jones welcomed the Cub Scout Pack 627 sponsored by Holy Infant Church.

The Minutes of the November 12, 2001 Operating Budget Workshop 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.

The Minutes of the November 12, 2001 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Suozzi 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.

OATH OF OFFICE

The Oath of Office was administered to Tom McCarthy, incoming Alderman in Ward 3, to complete the unexpired term of Ron Nichols.

CITIZEN COMMENTS

Maria Heubel, 710 Crestland: She explained that she is selling her home but has converted a bedroom to an office by taking the doors off the bedroom and closet. The housing code states that the doors have to be in place to pass inspection. The purchaser doesn’t want the doors put back on. She is requesting that the Board change the interpretation of the code accordingly. Mayor Jones responded that the Board cannot change an interpretation of the Code to facilitate a single individual or property.

Myrna Meador, Clarkson Crossing, representing the Trustees: Ms. Meador expressed opposition to Bill # 3131, the rezoning of 2511 Kehrs Mill from residential to commercial because of the associated noise, delivery trucks, trash, rodents, cooking odors, traffic, and aesthetics. She said there will be a negative property value impact on the surrounding residential properties. There will be traffic and safety impacts for the Marquette High School children. Cypress Trace ends at a stub street, which was designed with the extension of Clarkson Crossing Subdivision in mind. She is also concerned about the possibility of crime associated with commercial development.

Lee Schnale, PTO President of Kehrs Mill Elementary: Ms. Schnale expressed opposition to the rezoning of 2511 Kehrs Mill from residential to commercial because of the safety issues for the children of Kehrs Mill Elementary. The Rockwood School Board is opposed and there are many traffic concerns.

Patrick Dolan, Chesterfield resident of the Stonebriar Subdivision: Mr. Dolan is opposed to the rezoning. He cited the Picardy site commercial development issue. He said Walgreens sells liquor and tobacco and they are not going to refrain from selling these items because they are across the street from the high school or 500 feet from a grade school.

Scott Douglass, Mayor of Clarkson Valley: Mayor Douglass also expressed opposition to the rezoning in Bill # 3131. He believes this should remain a residential neighborhood.

Cathy Scott, 2629 Rycroft, Chesterfield, PTO President for Marquette High School: Ms. Scott is opposed to the rezoning because of student safety. She’s concerned about traffic congestion and pedestrians crossing Clarkson and Kehrs Mill.

Jerry Matlock, 2327 Eagles Glen Ct.: Mr. Matlock opposes the zoning change.

Andrew Bane, 2375 Westpar Drive: Mr. Bane also expressed his opposition to the proposed rezoning. He said this would be destructive growth and believes this will negatively impact property values and quality of life. He asked the Board to vote against the rezoning.

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3129 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO STARBUCKS CORPORATION FOR A RESTAURANT WITH CARRYOUT AND DRIVE-UP WINDOW.

A motion was made by Alderman Easter and seconded by Alderman Buermann for a first reading of Bill No. 3129. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3129 was read for the first time.

Mayor Jones reported that this matter was on the Planning and Zoning Commission Agenda of November 5, 2001. The Commission voted unanimously to recommend approval of SUE 01-9, subject to compliance with the Staff report.

Alderman Boland pointed out that in the first paragraph, the phrase "Jason Keen, d/b/a" should be deleted because the SUE is for Starbucks Corporation and not a person.

A motion was made by Alderman Boland and seconded by Alderman Buermann for a second reading of Bill No. 3129, as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3129 was read for the second time.

Mayor Jones said 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. 3129 with the following results: Ayes – McDowell, McCarthy, Robinson, Suozzi, Boland, Easter, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3129 approved and it became Ordinance No. 01-69.

BILL # 3130 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO BUFFALO WILD WINGS GRILL & BAR FOR A RESTAURANT WITH CARRYOUT, AND LIQUOR BY THE DRINK.

A motion was made by Alderman Buermann and seconded by Alderman Boland for a first reading of Bill No. 3130. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3130 was read for the first time.

Mayor Jones reported that this item was on the Planning and Zoning Commission Agenda of November 5, 2001. The Commission voted by a majority to recommend approval of this Special Use Exception, subject to compliance with the Staff report issues and alleviating potential traffic problems and relocating the accessible parking spaces to the front of the building.

Alderman Buermann expressed concern that more lighting is needed in the rear and location of the accessible parking spaces. David Jones, of A Sure Wing LLC said that he would relocate the parking spaces and provide additional lighting in the rear.

A motion was made by Alderman Suozzi and seconded by Alderman Robinson to change the first paragraph deleting the phrase "David E. Jones" and inserting therefore "A Sure Wing LLC". A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

A motion was made by Alderman Suozzi and seconded by Alderman Robinson for a second reading of Bill No. 3130, as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3130 was read for the second time.

Mayor Jones said 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. 3130 with the following results: Ayes – Easter, Buermann, Boland, Robinson, McCarthy, McDowell, Suozzi. Nays – None. Whereupon Mayor Jones declared Bill No. 3130 approved and it became Ordinance No. 01-70.

BILL # 3131 - AN ORDINANCE AMENDING ORDINANCE NO. 557, KNOWN AS "THE ZONING ORDINANCE" OF THE CITY OF BALLWIN, AND AMENDING "THE DISTRICT MAP" BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN LAND IN THE CITY OF BALLWIN FROM R-2 SINGLE FAMILY TO C-1 COMMERCIAL.

A motion was made by Alderman Boland and seconded by Alderman Buermann for a first reading of Bill No. 3131. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3131 was read for the first time.

Mayor Jones reported that this item was on the Planning and Zoning Commission Agenda of November 5, 2001. The Commission voted unanimously to recommend denial of this petition, because the petitioner did not present evidence to support the claim that the property could not be developed with its current zoning classification.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3131. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3131 was read for the second time.

Alderman Boland pointed out that a Board override of the negative recommendation of the Planning and Zoning Commission would require a 2/3 majority, which would be 6 votes in favor.

A roll call was taken for passage and approval of Bill No. 3131 with the following results: Ayes – McCarthy. Nays – Buermann, McDowell, Suozzi, Easter, Boland, Robinson Whereupon Mayor Jones declared Bill No. 3131 failed.

BILL # 3132 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION SITE DEVELOPMENT PLAN AMENDMENT TO QUIKTRIP CORP. FRONT YARD PARKING AND MOTOR VEHICLE FUEL FILLING.

A motion was made by Alderman Boland and seconded by Alderman Easter for a first reading of Bill No. 3132. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3132 was read for the first time.

Alderman Boland inquired about the row of trees on the south side of the property. Mr. Alan Renner, a representative of QuikTrip Corporation, said they are willing to plant the trees that are missing. Alderman Robinson said he wants compliance before he can vote on this special use exception. A promise of compliance is not acceptable. City Administrator Kuntz said a permit would not be issued until the trees are in place. Alderman Easter said a firm guarantee is in place if a permit is not issued until the trees are replaced.

A motion was made by Alderman Boland and seconded by Alderman Easter for a second reading of Bill No. 3132. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3132 was read for the second time.

Mayor Jones said 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. 3132 with the following results: Ayes – McDowell, Boland, Easter, Suozzi, Buermann, McCarthy. Nays – Robinson. Whereupon Mayor Jones declared Bill No. 3132 approved and it became Ordinance No. 01-71.

BILL # 3133 - 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 Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3133. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3133 was read for the first time.

A motion was made by Alderman Easter and seconded by Alderman Boland for a second reading of Bill No. 3133. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3133 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3133 with the following results: Ayes – Suozzi, Robinson, McCarthy, Easter, McDowell, Boland, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3133 approved and it became Ordinance No. 01-72.

CONSENT ITEMS

None.

REPORT OF THE MAYOR

Holy Infant Liquor License – Mayor Jones asked the representative from Holy Infant if there is a limitation on the hours in which the beer will be sold. The representative said the beer is rarely sold. It is usually given to parishioners. It may be sold at the St. Patrick’s Day celebration. Alderman McDowell suggested that beer not be sold during school hours.

A motion was made by Alderman McDowell and seconded by Alderman Robinson to approve the request by Holy Infant Church for a license to sell non-intoxicating beer, provided that beer not be sold during school hours. A voice vote was taken, with Alderman Boland abstaining, and the motion passed unanimously.

REPORT OF THE CITY ADMINISTRATOR

Manchester Road Sidewalks – City Administrator Kuntz said the State is requiring a commitment by ordinance. He does not yet have an opinion from City Attorney Lucchesi regarding Ballwin’s options for requiring the 30% match from adjoining property owners. He does not believe Ballwin can afford its 30% share of the cost. He suggested this item be held over since a decision cannot be made at this time.

Phone Upgrade – City Administrator Kuntz said Board authorization is requested to approve the Southwestern Bell Telephone service to Ballwin to a PRI circuit for $14,900. This will eliminate the caller ID problem and facilitate a possible move to an alternative local service provider.

A motion was made by Alderman Robinson and seconded by Alderman Suozzi to approve the upgrade as recommended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Development Related Stop Signs – City Administrator Kuntz said that legislation is requested to authorize stop signs at the recommended new locations and to address no-parking issues. This is related to the development of the Olde Towne Plaza.

A motion was made by Alderman Suozzi and seconded by Alderman Boland to draft legislation to incorporate the referenced signs. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Olde Towne Enhancement – City Administrator Kuntz said he is opposed to the offer from Regency wherein they proposed to give the City a set dollar amount and the City would take the risk of completing the project with the enhancement. He recommends that Ballwin go with the original proposal. Mr. Kuntz mentioned that he proposed a flat sidewalk extension compromise, but Regency has not yet responded.

Alderman McDowell believes that Regency committed to build the sidewalk all the way to Seven Trails. This is why the Agreement Budget included $400,000 to do this work. Regardless of language of the redevelopment agreement, the developer is committed to this grant. Ballwin has done its part of the deal, and the developer needs to do his part.

Alderman Suozzi suggested that a Regency representative come to the December 10 Board meeting. The Board was in agreement.

ALDERMANIC COMMENTS

None.

A motion was made by Alderman Easter and seconded by Alderman Boland to adjourn. The motion passed unanimously and the meeting was adjourned at 8:20 p.m.