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

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
FEBRUARY 26, 2001


The meeting was called to order by Mayor Jones at 7:03 p.m.

PRESENT

ABSENT

Mayor Robert E. Jones

City Administrator Robert Kuntz, Ill

Alderman Kay Easter

 

Alderman Terry Byatt

 

Alderman Kenneth W. Buermann

 

Alderman Jane Suozzi

 

Alderman Ronald L. Nichols

 

Alderman James Robinson

 

Alderman Stan Huddleston

 

Alderman Mike Boland

 

City Attorney Lionel Lucchesi

 

Assistant City Administrator Tom Aiken
(Substituting for Mr. Kuntz)

 

The Pledge of Allegiance was given.

The Minutes of the February 12, 2001 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Suozzi and seconded by Alderman Byatt to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

CITIZEN COMMENTS

Charles Gatton, 647 Lemonwood

Robert Coleman, 327 Country Club Drive

Charles Schaffer, 709 Claymont Dr.

Tory Berger, representing St. Mark’s Church

Lynn Goetz, 14706 Clayton Road

Melissa Fowler, 910 Claybend Drive

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3067 - AN ORDINANCE AMENDING CHAPTER 6, OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY THE DELETION THE TERM HISTORICAL SOCIETY IN ARTICLE III AND REPLACING IT WITH THE TERM HISTORICAL COMMISSION.

A motion was made by Alderman Byatt and seconded by Alderman Nichols for a first reading of Bill No. 3067. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3067 was read for the first time.

A motion was made by Alderman Nichols and seconded by Alderman Buermann for a second reading of Bill No. 3067. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3067 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3067 with the following results: Ayes – Robinson, Huddleston, Byatt, Buermann, Suozzo, Easter, Boland, Nichols . Nays – None. Whereupon Mayor Jones declared Bill No. 3067 approved and it became Ordinance No. 01-12.

BILL # 3068 - AN ORDINANCE AMENDING CHAPTER 20 ENTITLED POLICE, OF THE CODE ORDINANCE OF THE CITY OF BALLWIN BY THE ADDITION OF A NEW ARTICLE VI ENTITLED EMERGENCY CALL-INS.

A motion was made by Alderman Buermann and seconded by Alderman Easter for a first reading of Bill No. 3068. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3068 was read for the first time.

Alderman Byatt asked if this applies only to police response or to Public Works also. Assistant City Administrator Aiken said it applies to all departments, primarily Public Works. Mayor Jones said these situations described in this ordinance are for items which are above and beyond the typical duties that would be performed by the Police and Public Works staff.

A motion was made by Alderman Easter and seconded by Alderman Byatt for a second reading of Bill No. 3068. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3068 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3068 with the following results: Ayes – Nichols, Boland, Buermann, Byatt, Easter, Huddleston, Robinson, Suozzi . Nays – None. Whereupon Mayor Jones declared Bill No. 3068 approved and it became Ordinance No. 01-13.

A RESOLUTION OF SUPPORT BY THE BOARD OF ALDERMEN OF THE CITY OF BALLWIN TO APPLY FOR THE "CLAYMONT DRIVE SIDEWALK PROJECT", UNDER THE TRANSPORTATION ENHANCEMENT FUNDS PROGRAM OF THE MISSOURI DEPARTMENT OF TRANSPORTATION.

A motion was made by Alderman Byatt and seconded by Alderman Boland to consider the Resolution for the Claymont Drive Sidewalk Project. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

A motion was made by Alderman Nichols and seconded by Alderman Byatt to approve the Resolution for the Claymont Drive Sidewalk Project. A voice vote was taken with a unanimous affirmative result and the Resolution was declared passed.

A RESOLUTION

OF SUPPORT BY THE BOARD OF ALDERMEN OF THE CITY OF BALLWIN TO APPLY FOR THE "MANCHESTER ROAD SIDEWALK ENHANCE-MENT PROJECT", UNDER THE TRANSPORTATION ENHANCEMENT FUNDS PROGRAM OF THE MISSOURI DEPARTMENT OF TRANSPORTATION.

A motion was made by Alderman Suozzi and seconded by Alderman Byatt to consider the Resolution for the Manchester Road Sidewalk Enhancement Project. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Alderman Huddleston asked if businesses, which have already paid 100% of this sidewalk cost, will be reimbursed the 70% if the grant is approved? Alderman Byatt said that City Engineer Kramer is composing a letter to the businesses asking if they will support this application by contributing the matching funds, 30% of the sidewalk cost. Alderman Huddleston asked that this issue be held over for further discussion. Alderman Byatt said this issue will have to be resolved before any such money can be spent, and approval won’t be final until June.

A motion was made by Alderman Suozzi and seconded by Alderman Byatt to approve the Resolution for the Manchester Road Sidewalk Enhancement Project. A voice vote was taken with a unanimous affirmative result and the Resolution was declared passed.

BILL # 3069 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO ST. MARKS PRESBYTERIAN CHURCH FOR A MEMORIAL GARDEN AND CEMETERY FOR THE BURIAL OF CREMAINS.

Mayor Jones said that Bill # 3069 has been withdrawn by the petitioner.

BILL # 3070 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR 14650 – 14666 SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Boland and seconded by Alderman Buermann for a first reading of Bill No. 3070. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3070 was read for the first time.

Mayor Jones said this issue was on the Planning and Zoning Commission Agenda on February 5, 2001. The Commission voted unanimously to recommend approval of SUB-00-9.

Alderman Huddleston asked what is the purpose of subdividing this property. Mr. Fred Rudolph, Executive Vice-President for Gramex Corporation, said as part of the transaction with Value City, it wanted to buy the parcel of ground where the store is located. This parcel was sold to them along with other parcels in St. Louis County and Illinois. Gramex is retaining the balance of the site which it wants to subdivide this into three separate lots. Assistant City Administrator Aiken said this is essentially a paperwork issue in order for Gramex to facilitate the sale of this property to Value City. Alderman Huddleston asked about the property to the west, is there a cross-access easement. Assistant City Administrator Aiken said it’s coming. It’s not part of this subdivision. It’s going before the Zoning Commission in March, as part of another development proposal, and if approved, it will come to this Board in late March. It involves the development of the adjoining parcel, the resubdivision of one of the lots that is on tonight’s petition, and cross-access between the two sites.

Alderman Byatt asked Mr. Rudolph if Gramex would be willing to pledge the City’s 30% match for the sidewalk in front of their parcels. He agreed that they would. Alderman Byatt asked Mr. Rudolph to provide staff with a letter of commitment to do this. He agreed that he would.

A motion was made by Alderman Nichols and seconded by Alderman Boland for a second reading of Bill No. 3070. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3070 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3070 with the following results: Ayes – Easter, Robinson, Huddleston, Byatt, Suozzi, Boland, Buermann, Nichols . Nays – None. Whereupon Mayor Jones declared Bill No. 3070 approved and it became Ordinance No. 01-14.

BILL # 3071 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO GRAMEX CORPORATION FOR FRONT YARD PARKING.

A motion was made by Alderman Byatt and seconded by Alderman Huddleston for a first reading of Bill No. 3071. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3071 was read for the first time.

Mayor Jones said this issue was on the Planning and Zoning Commission Agenda on February 5, 2001. The Commission voted unanimously to recommend approval of SUE-00-23.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3071. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3071 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 proposal 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. 3071 with the following results: Ayes – Huddleston, Byatt, Buermann, Suozzi, Easter, Boland, Robinson, Nichols . Nays – None. Whereupon Mayor Jones declared Bill No. 3071 approved and it became Ordinance No. 01-15.

BILL # 3072 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR 702 ROJEAN DRIVE SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Nichols and seconded by Alderman Robinson for a first reading of Bill No. 3072. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3072 was read for the first time.

Alderman Boland asked what was the result of the Planning and Zoning Commission meeting. He said there was a request that the existing curb cut be closed onto New Ballwin. Mr. Darril Heinman and Greg Jordan (Jordan Heinman Company) explained that existing driveways go to Rojean and to New Ballwin. The driveway that goes to New Ballwin will be removed. There won’t be two driveway accesses to 702 Rojean. The proposed new lot will have access from New Ballwin.

A motion was made by Alderman Robinson and seconded by Alderman Nichols for a second reading of Bill No. 3072. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3072 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3072 with the following results: Ayes – Byatt, Robinson, Huddleston, Easter, Suozzi, Buermann, Boland, Nichols. Nays – None. Whereupon Mayor Jones declared Bill No. 3072 approved and it became Ordinance No. 01-16.

BILL # 3073 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO GORDON’S PLAZA II FOR FRONT YARD PARKING.

A motion was made by Alderman Suozzi and seconded by Alderman Byatt for a first reading of Bill No. 3073. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3073 was read for the first time.

Mayor Jones said the Planning and Zoning Commission unanimously recommended approval of SUE 00-13 with the provision that Staff approve the final planting plan for the north area of the site for compliance with the code.

Mr. Ryan Dabler, Senior Engineer with Clayton Engineering, representing the petitioner, said the screening along the northern side of the property is on the landscaping plan and will be adjusted to meet the minimum requirements of the code.

Alderman Byatt asked Mr. Dabler to construct the sidewalk in front of Gordon Plaza I when this project is underway. Mrs. Dorothy Gordon is willing to discuss this issue. Alderman Byatt estimated that the 30% match would be about $5,500. Alderman Byatt asked Mrs. Gordon if she would make a commitment to help with the Enhancement Application, and if not, put in the sidewalk across the front of Gordon Plaza I to complete the entire stretch, making it much safer for the residents. Mrs. Gordon agreed to either help with the enhancement application or complete the sidewalk from her own funds.

Alderman Buermann asked if a sidewalk is required to be installed across the front of Gordon Plaza II at a cost of 100% to the petitioner. Alderman Byatt said it is required by ordinance.

Alderman Boland asked for details of what is being proposed. Mr. Dabler said this is a front/rear building where the front is a single story, and the rear is a two-story. There will be 3 – 5 tenants.

A motion was made by Alderman Suozzi and seconded by Alderman Easter for a second reading of Bill No. 3073. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3073 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 proposal 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. 3073 with the following results: Ayes – Byatt, Boland, Nichols, Robinson, Huddleston, Suozzi, Buermann, Easter.. Nays – None. Whereupon Mayor Jones declared Bill No. 3073 approved and it became Ordinance No. 01-17.

CONSENT ITEMS

None.

REPORT OF THE MAYOR

Special Use Exception Transfer from Gramex to Value City:

A motion was made by Alderman Nichols and seconded by Alderman Boland to approve the transfer of the Special Use Exception from Gramex to Value City. A voice vote was taken with a unanimous affirmative result and Mayor Jones declared the transfer of the S.U.E. granted.

Mayor Jones said he received a call from the Chairman of the PTO at Ballwin Elementary School, who indicated that the City has been very good to work with throughout what could have been a difficult time for the school during the demolition and construction phase of the new Olde Towne development. Ms. Cindy Jones said to especially give credit to Tom Aiken and his willingness to work with the PTO.

REPORT OF THE CITY ADMINISTRATOR

Assistant City Administrator Thomas Aiken presented this report due to the absence and illness of City Administrator Robert Kuntz.

Message for the front page of the "Horizon" regarding the upcoming ½ cent sales tax:

Alderman Buermann suggested the message should be more specific on the added benefits and how the funds will be used. He said the citizens have asked that the information be more specific on how the money ($1.3 million) will be used. Alderman Robinson said if the Board’s "Horizon" message is different from the wording on the ballot, the Board could be in hot water.

Alderman Easter said that it was agreed at the last meeting that there would be a Citizen’s Committee to decide how the money would be spent. Mayor Jones said it was discussed if there should be a Parks Committee like the City had in the past, or have an ad hoc committee. If the Board is prepared to make that decision at this time, it can be put in the letter. City Attorney Lucchesi said the City is allowed to state only the facts and the facts are presented in the letter. If anything else is added, the City is committing to doing it. Alderman Nichols suggested adding, "the second step is citizen involvement which will help chart the course for Parks and Recreation expenditures in this community for many years to come." It was the consensus of the Board to accept this language change.

Clayheath Parking:

A motion was made

Alderman Buermann suggested a letter be sent to the doctors and dentists regarding the medical supplies/waste blowing around the neighborhood. A letter should also be sent to the restaurant owners addressing the issue of trash in the neighborhood.

Government Center Space:

A motion was made

ALDERMANIC COMMENTS

Alderman Boland suggested that information be provided on the website regarding road repairs and timelines. Sulphur Springs and Kiefer Creek could be added even though this is not under Ballwin jurisdiction.

A motion was made by Alderman Nichols and seconded by Alderman Boland to adjourn. The motion passed unanimously and the meeting was adjourned at 8:35 p.m.

 

 

______________________________

Robert E. Jones, Mayor

ATTEST:

 

_______________________________________

Thomas H. Aiken, Assistant City Administrator

MC

 

by Alderman Robinson and seconded by Alderman Nichols to allow the rental of the lower level office space, formerly occupied by Charter Communications, for $400/month. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
Assistant City Administrator Aiken said the lower level office space formerly occupied by Charter, is available for lease. City Administrator Kuntz wishes to offer this space for rent at the rated $400/month if the Board is in agreement.
by Alderman Robinson and seconded by Alderman Huddleston to direct City Attorney Lucchesi to prepare an ordinance restricting parking on both the north and south side of Clayton Ridge Drive between Kehrs Mill and Clayheath; and to restrict parking on the west side of Clayheath from Clayton to 445 Clayheath between 5:00 p.m. – 2:00 a.m. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
Assistant City Administrator Aiken said this is a recommendation from Police Chief Biederman and his staff regarding no-parking restrictions on Clayheath and Clayton Ridge Drive. Mr. Aiken said that the original Zhivago’s Restaurant Special Use Exception application was for the restaurant, with a standard restaurant-type lounge, and a lower level banquet facility with a bar to serve the banquet room. There is no provision for live entertainment. A special use exception is required for live entertainment. Mr. Aiken said he was unaware until this date that there is live entertainment at Club Enigma. Zhivago’s special use exception didn’t cover this type of operation.

 

Assistant City Administrator Aiken explained that the Special Use Exception held by Gramex is for front yard parking and the outdoor sale, storage and display of gardening supplies. They wish to transfer this to Value City only for the 10 acres that Value City is going to be acquiring.

 

: Ms. Fowler said the employees of the two medical buildings on Kehrs Mill use Clayton Ridge Drive for a parking lot from 7:00 a.m. to 8:00 p.m. everyday. At 9:00 p.m. every Wednesday through Sunday evening until about 3:00 a.m., the street is used as a parking lot for the bar/restaurant at Clayheath and Clayton. People are loitering, throw trash in her yard, stand in her garden getting out of their cars and opening car doors into her trees and shrubs. She has found medical waste from the medical office, used latex gloves, dental material, etc. She is concerned for her child and neighborhood friends. They cannot safely play in their own backyard. She is requesting no parking signs on both sides of Clayton Ridge and speed limit signs. Mayor Jones said that parking restrictions on Clayton Ridge Drive is on this agenda.
: Mr. Goetz asked how much above budget utilities revenue have been because of higher gas prices. Mayor Jones said in January the check received from the Department of Revenue was approximately $116,000. Last year for the same period of time, it was approximately $55,000. Mr. Goetz asked how much the increase in gas price has increased the utilities cost at city facilities in the past 5 months. Alderman Byatt said the February check from Laclede Gas was $118,002 and the increased cost over last year was $4,023 for the same period. The total annual gas bill is expected to climb from $45,000 to $67,500. Mayor Jones said the net increase to the City will be approximately $30,000. Mr. Goetz suggested that a meeting be held to determine the use of the extra income to the City from this source. Mayor Jones said the Board will determine, at a regular meeting, if a budget re-appropriation would be necessary due to the additional revenues.
: Mr. Berger said the church has the legal right to proceed with the development of the prayer garden/cemetery. He said the opposition is based on unfounded claims. However, at a special meeting held on February 25, based upon the sensitivity to the feelings of residents of the Claymont Subdivision, and a desire to be good neighbors to them, the church has unanimously voted to abandon this project. The request for a special use exception is withdrawn.
: Mr. Schaffer spoke on behalf of the Trustees of Claymont Subdivision, and as president of the Claymont Association. He said the adjoining property owners are 100% opposed to the cemetery, and a majority of the other Claymont property owners. The Trustees of the Claymont Subdivision and the officers of the Association are unanimously opposed to the St. Mark’s cemetery. A house for sale in Claymont, adjacent to the church, has not sold in the typical time and offers have been well below the asking price, about 20% less. He asked the Board of Aldermen to deny the special use exception petition.
: Mr. Coleman expressed opposition to the proposed Memorial Garden/Cemetery at St. Mark Presbyterian Church. He said the Cemetery will slow down house sales in the area. Over 600 voters in Claymont Subdivision signed petitions opposing the memorial garden. He said the church pays no taxes to the City of Ballwin and will harm the character of the neighborhood.
: Mr. Gatton said it’s fantastic that many of the roads in the Ballwin area are being repaired, but it’s unfortunate that it’s all happening at the same time. He requested that the City try to coordinate better with St. Louis County in the future to not have Sulphur Springs, Ries Road, and Kieffer Creek all under repair and closed at the same time, requiring diversion to New Ballwin Road, which cannot handle the load.