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
OCTOBER 8, 2001
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 Mike Boland

 

Alderman Charles Gatton

 

City Attorney Lionel Lucchesi

 

City Administrator Robert Kuntz

 

The Pledge of Allegiance was given.

The Minutes of the September 10, 2001 Public Health & Safety Committee meeting were submitted for approval. A motion was made by Alderman Boland and seconded by Alderman Robinson to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the September 10, 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.

CITIZEN COMMENTS

Rev. Richard Rollins, Pastor of First Missionary Baptist Church of Ballwin

Mary Murphy, 113 Coral Terrace

Cynthia Palazzolo, 156 Kehrs Mill Trail

City Administrator Kuntz said that the October 22 Capital Budget Workshop will cover some of these issues. He recommended that each issue be dealt with separately. Public Works does plan to do some work on the yard in 2002.

Donna Perno, 223 Kehrs Mill Crossing:

Reverend Rollins, Pastor of First Missionary Baptist Church of Ballwin

Mayor Jones said he does not understand why the Church did not get their plans approved sooner so that this utility work could be accomplished, as the other work in the area was accomplished earlier this summer.

Reverend Rollins said that without permission to cut the Ries Road pavement, the Church is compelled to pay another $21,000 - $31,000 to take the water to the back. Alderman Robinson said cutting into a newly completed street is not an option. Mayor Jones said the cost of opening up a new street is significant, and unacceptable to this Board.

Alderman Easter asked if a water main breaks tomorrow on the newly paved Ries Road, wouldn’t the water company cut the street to repair the water break. Alderman Robinson said this is a different issue from that of the Church. There is no option to fixing the water main, but the Church has an option.

A motion was made

Roy Slumpburger, 112 Holloway Road

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3121 - AN ORDINANCE AMENDING CHAPTER II, ARTICLE IV OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI BY PROVIDING FOR THE ISSUANCE OF STOP-WORK ORDERS.

A motion was made by Alderman Buermann and seconded by Alderman Boland for a first reading of Bill No. 3121. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3121 was read for the first time.

City Administrator Kuntz recommended holding this legislation over to allow the inclusion of an appeal procedure in the ordinance. Alderman Buermann asked what happens while an appeal is pending? City Attorney Lucchesi said the work would have to be stopped while an appeal is in process.

There was no motion for a second reading of Bill #3121, and the bill was held over.

BILL # 3122 - AN ORDINANCE AMENDING CHAPTER 16 IN THE CODE OF ORDINANCES IN THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI TO INCLUDE FINES FOR THE CRIME VICTIMS COMPENSATION FUND AND FOR THE SPINAL CORD INJURY FUND.

A motion was made by Alderman Suozzi and seconded by Alderman Easter for a first reading of Bill No. 3122. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3122 was read for the first time.

A motion was made by Alderman Boland and seconded by Alderman Buermann for a second reading of Bill No. 3122. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3122 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3122 with the following results: Ayes – Buermann, Gatton, Robinson, Easter, Boland, Suozzi, McDowell. Nays – None. Whereupon Mayor Jones declared Bill No. 3122 approved and it became Ordinance No. 01-62.

BILL # 3123 - AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY THE ADDITION IN SECTION 15-5 OF A NEW SUBPARAGRAPH (C).

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3123. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3123 was read for the first time.

Mayor Jones said this is consistent with the recommendation of the Public Health & Safety Committee, which met on September 10, 2001. There was a motion in the Board of Aldermen meeting to prepare this legislation.

A motion was made by Alderman Easter and seconded by Alderman Buermann for a second reading of Bill No. 3123. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3123 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3123 with the following results: Ayes – McDowell, Boland, Robinson, Suozzi, Gatton, Easter, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3123 approved and it became Ordinance No. 01-63.

CONSENT ITEMS

A. Ries Ct. Storm Sewer

B. Bond Counsel

C. Protest / Picketing:

A motion was made

Ayes – McDowell, Boland, Gatton, Buermann. Nays – Robinson, Suozzi, Easter. Whereupon Mayor Jones declared the motion passed.

A motion was made

REPORT OF THE MAYOR

Board Vacancy

Board Presidency

Academy Representative

REPORT OF THE CITY ADMINISTRATOR

Future Annexation

A motion was made

Logo / Community Identification

A motion was made

Seven Trails Sign

Reinke Road

A motion was made

Closed Session

The Board of Aldermen reconvened into open session at 8:55 p.m. Mayor Jones announced that the Board met in closed session to discuss litigation matters. The Board authorized City Attorney Lucchesi to pursue the defense. The Board also authorized right-of-way acquisition from Union Planters Bank for $60,000.

Mayor Jones announced that a motion had been made by Alderman Robinson and seconded by Alderman Boland to adjourn into open session. A roll call vote was taken with a unanimous affirmative result and the closed session was adjourned at 8:55 p.m.

ALDERMANIC COMMENTS

A motion was made by Alderman Easter and seconded by Alderman Boland to adjourn. The motion passed unanimously and the open session adjourned at 8:57 p.m.

MC

- A motion was made by Alderman Buermann and seconded by Alderman Gatton to adjourn into closed session to discuss litigation matters. A roll call was taken with the following results: Ayes – Easter, Buermann, McDowell, Suozzi, Boland, Gatton, Robinson. Nays – None. Whereupon Mayor Jones declared the motion approved. The motion passed unanimously and the meeting was adjourned to closed session at 8:40 p.m.
by Alderman Robinson and seconded by Alderman Buermann to proceed with the submission of this application, not to exceed $500,000 for funding through East-West Gateway through Federal transportation dollars to do the project. A voice vote was taken with a unanimous affirmative vote and the motion was declared passed.
– City Administrator Kuntz said the funding agency may allow a reduced scope project to include the intersection upgrade of New Ballwin/Reinke only.
– City Administrator Kuntz recommended allowing Seven Trails West and Seventh Inn go forward with the proposed joint signage. Alderman Buermann is worried that the sign will not be attractive and the location unacceptable. Alderman McDowell believes that Ballwin should decide where the Seven Trails sign should go. Alderman Easter and Alderman Buermann are in agreement that it is too soon to make this decision. The intersection should be completed before the signage placement is determined. The Board agreed to hold this over until the November 12, 2001 meeting.
by Alderman Gatton and seconded by Alderman Boland to approve up to $6,000 for the study. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– City Administrator Kuntz said the fee for the focus study by Dr. Warren would be $5,000 - $6,000. He recommended going forward with the plan and focus groups.
by Alderman Easter and seconded by Alderman Buermann to adopt a 12-month annexation moratorium from January 1, 2002 until January 1, 2003. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
s – City Administrator Kuntz recommended an annexation moratorium until 2002 to get through the current uncertain financial times. Alderman Gatton said he has been approached by a representative of a subdivision along the south side of Kiefer Creek. He asked why not pursue annexation. City Administrator Kuntz explained the 75% requirement for a simplified annexation and the unknown economic issues at this time. As annexations get larger, they get more complicated. He recommended adopting this policy. If they pursue the issue of annexation, the Board may elect to consider the proposal and go before the Boundary Commission, but probably won’t be accepted without Castlewood being included.
– Mayor Jones proposed the appointment of Alderman Suozzi from Ward 2 as the Board Representative to address the Citizens’ Academy on October 23. A voice vote was taken with a unanimous affirmative result and the recommendation was declared approved.
A motion was made by Alderman Boland and seconded by Alderman Buermann to appoint Alderman Easter, the next senior person, President of the Board of Aldermen. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
– Mayor Jones said as a result of Alderman Nichols’ retirement, there is a vacancy in Ward 3. The vacancy is announced in the current issue of the "Horizon". Alderman Buermann suggested Mayor Jones conduct interviews to fill the vacancy.
by Alderman Boland and seconded by Alderman Suozzi to approve Consent Items A and B. A voice vote was taken with a unanimous affirmative result, and the motion was declared passed.
by Alderman McDowell and seconded by Alderman Boland to table this issue and not consider enacting it as law or consider it at a future meeting in its current form.
Alderman Boland requested removal of this item from the Consent Items. He asked if Ballwin can prohibit picketing in front of private residences. City Attorney Lucchesi said yes, he believes such an ordinance is legal. Alderman McDowell said Ballwin does not need this law and there is no need to enact it now. Alderman Robinson explained that there is a situation of competing rights: the rights of the people who want to express their political opinion, and the rights of the neighbors in the residential area who want the quiet enjoyment of their property. The question to be answered is, does the right of expression of political opinion in a residential area supersede the right of the surrounding residents?
: Mr. Slumpburger asked about the current status and future of photography studio on Kehrs Mill Road. Mayor Jones said this commercially zoned property belongs to the City and is being leased to a commercial tenant. The future for the property is uncertain at this time.
by Alderman Boland and seconded by Alderman Robinson to table the issue pending additional information. A voice vote was taken with a unanimous affirmative result, except for Alderman McDowell abstaining. The motion was declared passed.
: Reverend Rollins asked when will there be closure to the sewer issue. Mayor Jones said this is the first time he has heard of this and wants more information. He said the Board cannot allow the pavement to be cut and degraded. City Administrator Kuntz said the City cannot accept the extra cost and public inconvenience of allowing the Ries Road project to be delayed and cannot allow the pavement to be degraded. He said he cannot give a permit to allow the cut administratively. Reverend Rollins said the Church has no more money. There is no money to allow the extra costs of this change.
Ms. Perno asked if the City intends to keep the heavy equipment in the Public Works Yard where it is for the foreseeable future. She said since the trees are gone, it’s an eyesore. Mayor Jones said it will be there in the foreseeable future.
: Ms. Palazzolo said the residents are worried about the noise from increased traffic on the Kehrs Mill Connector road. The residents are requesting sight and sound barriers. Regarding the Ballwin Public Works Yard, the residents are requesting all of the equipment and salt piles be hidden with barriers or moved to another location. Regarding the park pavilion, currently there is no provision limiting noise from the users of the facility. The residents are requesting such a limitation. Ms. Palazzolo asked the Board to respond in writing as to how their concerns will be addressed. Mayor Jones said this issue will go to the Public Health & Safety Committee for review.
: Ms. Murphy has a problem with Dick Dean’s cars parked and blocking the road. Dick Dean said they would not allow test driving on Coral Terrace, but this activity has been going on.
: Reverend Rollins discussed the sewer problem facing the Church at its 206 Ries Road location. The Church is being asked to change the "approved" drainage plan for the site. He has met with City officials. He said Ballwin does not want to allow the Church to cut the new Ries Road pavement. Mayor Jones asked if this approval would do this. Reverend Rollins said yes.