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

Board of Aldermen Meeting Agenda click here
Board of Aldermen Meeting Briefs click here
BILL NO. 3573 Ballwin Elementary Subdivision Consolidation click here
BILL NO. 3574 Rezoning Southeast corner Clarkson & Kehrs Mill click here
BILL NO. 3575 Schnucks Neighborhood Commercial Overlay District click here
BILL NO. 3576 Rezoning Southwest corner Clayton & Henry click here
BILL NO. 3577 Neighborhood Commercial Overlay Dist. (SW corner Clayton & Henry) click here
BILL NO. 3578 Re-subdivision Plat SW corner Clayton & Henry click here


CITYOF BALLWIN
BOARD OF ALDERMEN MEETING
June 22, 2009 7:00 p.m.
The Pointe At Ballwin Commons, #1 Ballwin Commons Circle  

1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Approval of Minutes: May 11, 2009 Board of Aldermen Meeting & Closed Session
5. Presentation: None.
6. Pending Issues: None.
7. Citizen Comments 
8. Public Hearing: None.
   
New Business 

9. Legislation      NEXT ORDINANCE # 09-16
      A. Bill # 3573 Ballwin Elementary Subdivision Consolidation
      B. Bill # 3574 Rezoning Southeast corner Clarkson & Kehrs Mill
      C. Bill # 3575 Schnucks Neighborhood Commercial Overlay District
      D. Bill # 3576 Rezoning Southwest corner Clayton & Henry
      E. Bill # 3577 Neighborhood Commercial Overlay Dist. (SW corner Clayton & Henry)
      F. Bill # 3578 Re-subdivision Plat SW corner Clayton & Henry

10. Consent Items 
      A. Special Use Exception Transfer – Auto Tire
      B. Government Center Parking Lot
      C. Liquor License – Target
      D. Liquor License Renewals
      E. Storm Water Standards
      F. Records Destruction

11. Mayor’s Report 
      A. Joint Meeting
      B. Board of Adjustment Vacancy
      C. Planning & Zoning Vacancies

12. City Administrator’s Report 
13. City Attorney’s Report 
14. Aldermanic Comments 
15. Adjourn 


BOARD OF ALDERMEN MEETING BRIEFS
June 22, 2009     7:00 p.m. 
At The Pointe At Ballwin Commons

This is a condensed summary of the action items which will be considered at tonight’s Board Meeting.  It has been prepared to give you a greater understanding of the issues which will be discussed.  If you have comments, questions, or concerns, please call (636) 227-8580.  If you would like to know more about the programs or services which we provide, please dial our 24-Hour Information Line (636) 207-2300, or visit us on the web at www.ballwin.mo.us

CITIZEN COMMENTS

     If you wish to address the Board during this meeting, please fill out the “Citizen Comments: To Address the Board of Aldermen” form and place it in the tray on the table in the center of the Board Room before the meeting begins.  Topics of a global nature, such as requests for ballot initiative endorsements, should be submitted in writing to the City Clerk at 14811 Manchester Road.

     Please limit your comments to 3 minutes as an individual and 5 minutes representing a group.  Please avoid repeating comments others have already made.
     Thank you for your cooperation.
 
MINUTES
The Minutes from the May 11, 2009 Board of Aldermen meeting and closed session are submitted for review and approval.

SUB 09-2 BALLWIN ELEMENTARY SUBDIVISION CONSOLIDATION(Bill # 3573)
The Rockwood School District is requesting a subdivision consolidation for the three parcels that comprise the Ballwin Elementary School site.  This petition received a unanimous approval recommendation from Planning & Zoning.

Z 09-1 REZONING – SOUTHEAST CORNER CLARKSON / KEHRS MILL (Bill # 3574)
Schnuck Markets is requesting that the 4.27 acres property at the southeast corner of Clarkson Road and Kehrs Mill Road be rezoned from R-3 to C-1 to facilitate the construction of a grocery store.  The Planning & Zoning Commission recommended against this zoning change.

Z 09-2 SCHNUCKS NEIGHBORHOOD COMMERCIAL OVERLAY DISTRICT (Bill # 3575)
Schnuck Markets is requesting a Neighborhood Commercial Overlay District designation for the southeast corner of Kehrs Mill and Clarkson to go with the C-1 District rezoning.  The Planning & Zoning Commission recommended against this rezoning.

Z 09-3 REZONING – SOUTHWEST CORNER CLAYTON & HENRY (Bill # 3576)
Clayton Henry LLC and WB Properties LLC have requested that the 11.5 acres on the southwest corner of Clayton and Henry be rezoned to C-1 to allow the development of a commercial development.  The Planning & Zoning Commission recommended approval.

Z 09-4 NEIGHBORHOOD COMMERCIAL OVERLAY DISTRICT AT SOUTHWEST CORNER CLAYTON & HENRY (Bill # 3577)
Clayton Henry LLC and WB Properties LLC have asked that the southwest corner of Clayton and Henry be approved for a Neighborhood Commercial Overlay District.  The Planning & Zoning Commission recommended approval.

SUB 09-1 RESUBDIVISION PLAT AT SOUTHWEST CORNER OF CLAYTON & HENRY (Bill # 3578)
Clayton Henry LLC and WB Properties LLC have submitted a re-subdivision plat for the southwest corner of Clayton and Henry to go with the development proposal.  The Planning & Zoning Commission recommended approval.

S.U.E. TRANSFER – AUTO TIRE
Monroe Muffler & Brake Inc. is purchasing the Auto Tire business.  This is regarding the transfer of the Special Use Exception to Monroe. 

GOVERNMENT CENTER PARKING LOT
It is recommended that this contract be awarded to Byrne and Jones, who submitted the lowest of 9 bids with concrete curbs.

NEW LIQUOR LICENSE
Target has applied for a package license with Sunday sales.  Approval, by motion, is recommended.

LIQUOR LICENSE RENEWALS
License renewals are submitted for approval for the fiscal period beginning July 1, 2009.

STORM WATER STANDARDS 
It is recommended that the Site Design Guidance manual be adopted as required under the Missouri Department of Natural Resources Phase II storm water guidelines.

RECORDS DESTRUCTION
This is requesting approval for the destruction of old and obsolete records.

JOINT MEETING
Mayor Pogue would like to secure consensus for a date for a joint meeting with the City of Ellisville.

BOARD OF ADJUSTMENT
This is regarding the appointment of a replacement for the Ward 3 Alternate.

PLANNING & ZONING VACANCIES
This is regarding the Ward 1 and Ward 3 positions that are currently vacant. 


BILL NO. ___3573_______
CITY OF BALLWIN  
14811 Manchester Road, Ballwin, MO 63011  ORDINANCE NO. ______________

INTRODUCED BY
ALDERMEN TERBROCK, MCDOWELL, SUOZZI, SCHMER, FLEMING, LEAHY, BOERNER, AND MELLOW

DRAFT

AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION CONSOLIDATION PLAT FOR BALLWIN ELEMENTARY CONSOLIDATION SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

WHEREAS, a plan has been received from Rockwood School District for the consolidation of certain property at 392, 396 and 400 Jefferson Avenue in the City of Ballwin. 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

 Section 1.  The Subdivision Consolidation Plat made a part hereof and attached hereto as Exhibit 1 for Ballwin Elementary Consolidation Subdivision, as submitted to the Board of Aldermen, is hereby approved.

 Section 2.  The Mayor and City Clerk are authorized and directed to evidence the approval of said Subdivision Plat by affixing their signatures and the official seal of the City of Ballwin to a certification of approval upon the Subdivision Plat of Ballwin Elementary Consolidation Subdivision, as submitted.

 Section 3.  The Subdivision Plat of Exhibit 1 is hereby accepted for the development of Ballwin Elementary Consolidation Subdivision.

 Section 4.  This Ordinance shall take effect and be in full force from and after its passage and approval.

DRAFT

PASSED this ________ day of ________________, 2009.   ________________________________
                      TIM POGUE, MAYOR


APPROVED this ________ day of _________________, 2009.  ________________________________
                     TIM POGUE, MAYOR


ATTEST:   ___________________________________________
    THOMAS H. AIKEN, Assistant CITY ADMINISTRATOR


BILL NO. ___3574_______
CITY OF BALLWIN  
14811 Manchester Road, Ballwin, MO 63011  ORDINANCE NO. ______________

INTRODUCED BY
ALDERMEN TERBROCK, MCDOWELL, SUOZZI, SCHMER, FLEMING, LEAHY, BOERNER AND MELLOW

DRAFT

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-3 SINGLE FAMILY DWELLING DISTRICT TO C-1 COMMERCIAL. 

WHEREAS, a petition was received from Schnuck Markets, Inc., to change the zoning classification of certain land in the City of Ballwin; and

WHEREAS, said petition was duly referred to the Planning and Zoning Commission for its consideration and recommendation; and

WHEREAS, a public hearing before the Planning and Zoning Commission was held on May 27, 2009, upon the petition, due notice of which was published and posted according to law and ordinance; and

WHEREAS, the Planning and Zoning Commission has submitted its report to the Board of Aldermen and has recommended that said property not be rezoned in accordance with the petition received; and

WHEREAS, the Board of Aldermen duly acknowledge receiving petitions from abutting property owners in opposition to said rezoning submitted in accordance with Article XXIII, Section 2 of the City’s Zoning Ordinance; and

WHEREAS, upon review and due consideration of the Planning and Zoning Commission’s report, minutes and recommendation, review of the City’s Comprehensive Plan, written and oral comments from the public, and submissions of the Petitioner, the Board of Aldermen finds and determines that said rezoning would not adversely affect the character of the immediate vicinity and is not inconsistent with good planning practices, would result in traffic and pedestrian improvements positively affecting the public safety, would not otherwise negatively affect the community’s health and safety, can be developed in a manner that is not detrimental, either operationally or visually, to existing land uses within the vicinity and would be beneficial to the City’s general welfare by providing significant employment and tax revenues necessary to support essential municipal services.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

            Section 1. Ordinance No. 557 of the City of Ballwin, known as "The Zoning Ordinance," and "The District Map" of the City of Ballwin are hereby amended by changing the existing zoning classification of the following described tract of land from R-3 Single Family to C-1 Commercial as shown on the Plat Plan attached hereto and made a part hereof, and more fully described as:

2511 Kehrs Mill Road constituting approximately 4.27 acres at the southeast corner of Clarkson and Kehrs Mill Roads.

Section 2. The City Planner is authorized and directed to change "The District Map" of the City of Ballwin to reflect the changes made by this ordinance.
 
Section 3. This Ordinance shall take effect and be in full force from and after its passage and approval.


PASSED this ________ day of ________________, 2009.   ________________________________
                      TIM POGUE, MAYOR


APPROVED this ________ day of _________________, 2009.  ________________________________
                     TIM POGUE, MAYOR


ATTEST:   _____________________________________________
    THOMAS H. AIKEN, ASSISTANT CITY ADMINISTRATOR


BILL NO. ___3575_______

CITY OF BALLWIN  
14811 Manchester Road, Ballwin, MO 63011  ORDINANCE NO. ______________

INTRODUCED BY
ALDERMEN TERBROCK, MCDOWELL, SUOZZI, SCHMER, FLEMING, LEAHY, BOERNER AND MELLOW

DRAFT

AN ORDINANCE ADOPTING A NEIGHBORHOOD COMMERCIAL OVERLAY DISTRICT FOR CERTAIN LAND AT 2511 KEHRS MILL ROAD IN THE CITY OF BALLWIN CURRENTLY ZONED C-1 COMMERCIAL. 

WHEREAS, a petition was received from Schnuck Markets, Inc. to adopt a Neighborhood Commercial Overlay District for certain land at 2511 Kehrs Mill Road in the City of Ballwin currently zoned C-1 Commercial; and

WHEREAS, said petition was duly referred to the Planning and Zoning Commission for its consideration and recommendation; and

WHEREAS, a public hearing before the Planning and Zoning Commission was held on May 27, 2009, upon the petition, due notice of which was published and posted according to law and ordinance; and

WHEREAS, the Planning and Zoning Commission has submitted its report to the Board of Aldermen and has recommended that the Neighborhood Commercial Overlay District for said property not be adopted in accordance with the petition received; and

WHEREAS, the Board of Aldermen duly acknowledge receiving petitions from abutting property owners in opposition to said rezoning submitted in accordance with Article XXIII, Section 2 of the City’s Zoning Ordinance; and

WHEREAS, upon review and due consideration of the Planning and Zoning Commission’s report, minutes and recommendation, review of the City’s Comprehensive Plan, written and oral comments from the public, and submissions of the Petitioner, the Board of Aldermen finds and determines that said rezoning would not adversely affect the character of the immediate vicinity and is not inconsistent with good planning practices, would result in improved traffic and pedestrian improvements positively affecting the public safety, would not otherwise negatively affect the community’s health and safety, can be developed in a manner that is not detrimental, either operationally or visually, with existing land uses in the vicinity and would be beneficial to the City’s general welfare by providing significant employment and tax revenues necessary to support essential municipal services.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

Section 1. A Neighborhood Commercial Overlay District is hereby adopted for certain land at 2511 Kehrs Mill Road constituting approximately 4.27 acres at the southeast corner of Clarkson and Kehrs Mill Roads according to the grading, site and landscaping plans submitted with the original petition, which were subsequently amended by plans dated May 13, 2009 (together herein referred to as the “Site Development Plans”), attached hereto and made a part hereof, subject to the following requirements:

1. All structures on this site shall be limited to no more than an absolute height of 35 feet above the finished floor elevation of the primary sales floor of the main structure. 

2. The approved uses for this NCD shall be limited exclusively to the uses allowed by the provisions the Ballwin Zoning Ordinance, Article IX. C-1 Commercial District Regulations, Section 2, Subsections (5), (21), (23), (27), (29), and (30) and Article XIV, Section 1 Subsections 14, 19, 20, and 27 as those uses are permitted and regulated. The uses allowed by the Ballwin Zoning Ordinance, Article IX. C-1 Commercial District Regulations, Section 2, Subsections (15), (16), and by Article XIV, Section 1, Subsection 5 shall be allowed as those uses are specifically described and limited by the zoning ordinance as long as they do not individually or collectively occupy more that 10% of the gross floor area of the proposed building. Any other use shall be subject to an amendment of the governing ordinance in accordance with the process established for that purpose.

3. The total square footage of enclosed interior commercial floor area, as measured from the inside-facing walls at the finished floor level, shall be limited to 40,900 square feet and contained in a single building.

4. The commercial parking lot shall be limited to an absolute maximum of 182 parking spaces as shown and located on the approved final development plan. Any substantive deviation or adjustment to the arrangement of the parking spaces shall be deemed to be a change to the approved plan and require the submission of a governing ordinance amendment petition.

5. The perimeter landscaping buffer along the southeast and southwest property lines shall be composed of no less than a 30’ wide landscaped area consisting of plantings on both sides of a fence placed in combination with said plantings so as to provide a 100% screen to a height of 6’ above ground level. The plantings shall be composed of a mixture of native and acclimatized deciduous and evergreen trees and shrubs arranged such that their growth after 5 years will provide the 100% screening requirement of the C-1 district to a height of 6’ without the fence. The fence shall be of a100% visual screen privacy design constructed of wood, concrete or vinyl material to a height of 6’ above the mean ground level at its base with 2’ of 50% open lattice above that to a total height of 8’. The fence shall be placed at the highest possible part of the buffer zone that still provides room for plantings on both sides. In the areas within 60’ of the Kehrs Mill Rd. right-of-way and 25’ of the Clarkson Rd. right-of-way the 30’ wide landscaped buffer zone may be reduced to less than 30’ of depth to accommodate roadway turning radii and lines of sight for safety. All other site landscaping shall be placed in accordance with the minimum landscaping requirements of the NCD ordinance and the approved landscape plan, whichever offers the greater numbers of plantings, but allowing for deviations that may be necessary for vehicular safety and visibility.  

6. Unless designed as a raingarden, all parking lot islands and landscaped areas adjacent to vehicular pavement areas shall be protected by vertical concrete curbs.

7. All landscaped areas on the site and in the adjacent right-of-way shall be irrigated and the system maintained by Schnucks or the subsequent owner of the property. 

8. Sidewalks shall be provided as shown on the Site Development Plans. 

9. All building facades having customer entrances will have a minimum of a 12’ wide sidewalk in front of the doors and window areas.

10. All pedestrian crossing areas will be enhanced with patterned and/or colored pavement.

11. Pedestrian ways along the southern and eastern perimeters of the development shall provide decorative lighting. 

12. Pedestrian areas within the development will be improved with benches, table and chair combinations and shade structures.  There shall be at least 5 such features installed.  

13. No outdoor display, storage or display of equipment, vehicles, materials, merchandise or products except for sidewalk sale type events during business hours or the outdoor display and sale of gardening supplies only in the sidewalk areas in a manner that does not block pedestrian access is allowed within the development. 

14. All structures and site amenities of all types throughout the entire development shall utilize the same architectural themes, styles, colors, textures and materials. The architecture of the building shall be as shown on the elevations and oblique drawings of the proposed building provided on 5/13/09.

15. All building mechanical equipment shall be roof mounted and screened 100% from view from adjoining rights-of-way, adjoining properties and all public areas of the development or placed in similarly screened ground enclosures. 

16. A landmark feature, mutually acceptable to Schnucks and the City of Ballwin in design and size, shall be installed at the southeast corner of Clarkson and Kehrs Mill Roads within an area that is landscaped, irrigated and maintained by Schnucks or any subsequent owner of 2511 Kehrs Mill Road.  In the event that the landmark feature is not mutually agreed upon by the issuance of the building permit then Schnucks shall escrow Fifty Thousand Dollars ($50,000) or provide such other security acceptable to the City for the purchase and installation of a landmark feature.  In the event that the landmark feature is not mutually agreed upon by occupancy of the store, said escrow or alternative security shall be released to the City for the purchase and installation of a landmark feature in satisfaction of this condition.

17.  The development site shall be limited to a maximum of one curb cut access point onto Clarkson Rd. and one curb cut access points onto Kehrs Mill Rd. The location and physical configuration and location of the Clarkson Rd. access point shall be approved by MoDOT. The location and configuration of the Kehrs Mill Rd. access point shall be approved by the St. Louis County Department of Highways and Transportation. MoDOT and St. Louis County approvals shall be finalized and permits issued before any grading, clearing, demolition or construction permits are issued and any such activities commence.

18. Storm water collection, detention and discharge systems shall be approved by MSD prior to the initiation of any grading, clearing or construction activities.

19. The development site shall incorporate alternative, environmentally-friendly improvements designed to reduce the capacity requirements for conventional storm water detention facilities. Said improvements may include pervious pavement, raingardens and/or such other methods as recommended and approved by MSD and City Planning Staff.  Nothing in this paragraph shall require the installation of site improvements that are reasonably demonstrated to the City Planning Staff to be uneconomical or not suitable from an engineering perspective given other development site requirements or physical constraints.

20. Hours of operation shall be between 6 a.m. and 12 midnight daily.  Delivery times shall be between 6 a.m. and 10 p.m. daily.

Section 2. The City Planner is authorized and directed to change "The District Map" of the City of Ballwin to reflect the changes made by this ordinance.

Section 3. This Ordinance shall take effect and be in full force from and after its passage and approval.
DRAFT

PASSED this ________ day of ________________, 2009.   ________________________________
                      TIM POGUE, MAYOR


APPROVED this ________ day of _________________, 2009.  ________________________________
                     TIM POGUE, MAYOR

ATTEST:   _____________________________________________
    THOMAS H. AIKEN, ASSISTANT CITY ADMINISTRATOR


BILL NO. ___3576_______
CITY OF BALLWIN  
14811 Manchester Road, Ballwin, MO 63011  ORDINANCE NO. ______________

INTRODUCED BY
ALDERMEN TERBROCK, MCDOWELL, SUOZZI, SCHMER, FLEMING, LEAHY, BOERNER, AND MELLOW

DRAFT

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 (COUNTY) SINGLE FAMILY DWELLING DISTRICT TO C-1 COMMERCIAL. 

WHEREAS, a petition was received from Clayton Henry LLC and WB Properties LLC to change the zoning classification of certain land in the City of Ballwin; and

WHEREAS, said petition was duly referred to the Planning and Zoning Commission for its consideration and recommendation; and

WHEREAS, due notice of a public hearing before the Planning and Zoning Commission was held on June 1, 2009, upon the petition, notice of which was published and posted according to law and ordinance; and

WHEREAS, the Planning and Zoning Commission has submitted its report to the Board of Aldermen and has recommended that said property be rezoned in accordance with the petition received; and

WHEREAS, upon review and due consideration of the Planning and Zoning Commission’s report, minutes and recommendation, review of the City’s Comprehensive Plan, written and oral comments from the public, and submissions of the Petitioner, the Board of Aldermen finds and determines that said rezoning would not adversely affect the character of the immediate vicinity and is not inconsistent with good planning practices, would result in improved traffic and pedestrian improvements positively affecting the public safety, would not otherwise negatively affect the community’s health and safety, can be developed in a manner that is not detrimental, either operationally or visually, with existing land uses in the vicinity, and would be beneficial to the City’s general welfare by providing significant employment and tax revenues necessary to support essential municipal services.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

            Section 1. Ordinance No. 557 of the City of Ballwin, known as "The Zoning Ordinance," and "The District Map" of the City of Ballwin are hereby amended by changing the existing zoning classification of the following described tract of land from R-2 (County) Single Family to C-1 Commercial as shown on the Plat Plan attached hereto and made a part hereof, and more fully described as:
14448 and 14464 Clayton Road and
775, 781, 785 and 793 Henry Avenue.


Section 2. The City Planner is authorized and directed to change "The District Map" of the City of Ballwin to reflect the changes made by this ordinance.

Section 3. This Ordinance shall take effect and be in full force from and after its passage and approval.

DRAFT

PASSED this ________ day of ________________, 2009.   ________________________________
                      TIM POGUE, MAYOR


APPROVED this ________ day of _________________, 2009.  ________________________________
                     TIM POGUE, MAYOR


ATTEST:   ___________________________________________
    THOMAS H. AIKEN, ASSISTANT CITY ADMINISTRATOR


BILL NO. ___3577_______
CITY OF BALLWIN  
14811 Manchester Road, Ballwin, MO 63011  ORDINANCE NO. ______________

INTRODUCED BY
ALDERMEN TERBROCK, MCDOWELL, SUOZZI, SCHMER, FLEMING, LEAHY, BOERNER, AND MELLOW

DRAFT

AN ORDINANCE ADOPTING A NEIGHBORHOOD COMMERCIAL OVERLAY DISTRICT FOR CERTAIN LAND AT CLAYTON ROAD AND HENRY AVENUE IN THE CITY OF BALLWIN CURRENTLY ZONED C-1 COMMERCIAL. 

WHEREAS, a petition was received from Clayton Henry LLC and WB Properties LLC to adopt a Neighborhood Commercial Overlay District for certain land at Clayton Road and Henry Avenue in the City of Ballwin currently zoned C-1 Commercial; and

WHEREAS, said petition was duly referred to the Planning and Zoning Commission for its consideration and recommendation; and

WHEREAS, a public hearing before the Planning and Zoning Commission was held on June 1, 2009, upon the petition due notice of which was published and posted according to law and ordinance; and

WHEREAS, the Planning and Zoning Commission has submitted its report to the Board of Aldermen and has recommended that the Neighborhood Commercial Overlay District for said property  be adopted in accordance with the petition received; and

WHEREAS, upon review and due consideration of the Planning and Zoning Commission’s report, minutes and recommendation, review of the City’s Comprehensive Plan, written and oral comments from the public, and submissions of the Petitioner, the Board of Aldermen finds and determines that said rezoning would not adversely affect the character of the immediate vicinity and is not inconsistent with good planning practices, would result in improved traffic and pedestrian improvements positively affecting the public safety, would not otherwise negatively affect the community’s health and safety, can be developed in a manner that is not detrimental, either operationally or visually, with existing land uses in the vicinity and would be beneficial to the City’s general welfare by providing significant employment and tax revenues necessary to support essential municipal services.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

Section 1. A Neighborhood Commercial Overlay District is hereby adopted for certain land at the southwest corner of Clayton Road and Henry Avenue commonly known as 14448 – 14464 Clayton Road and 775, 781, 785 and 793 Henry avenue in the City of Ballwin as shown on the Plat Plan attached hereto and made a part hereof, according to the site plan, grading plan, building elevation drawings and landscaping plans submitted to Ballwin on March 20, 2009 and subsequently amended and supplemented on May 20, 2009 and June 3, 2009 subject to the following requirements:

 1. Commercial building heights shall be limited to no more than the individual roof line and architectural feature heights specified on the building elevations submitted with the application on April 20, 2009. No portion of any commercial building shall be taller than 45 feet above the primary finished floor elevation of the building.

2. An independent care residential facility with no more than 125 dwelling units shall be the intended land use on the portion of the site labeled as Area E. Regardless of the notation on the submitted plan no building height or story designation is authorized or approved by this ordinance. The development of Area E shall be subject to the future submission of an amendment petition to this NCD governing ordinance.

3. The approved uses for this NCD shall be limited exclusively to the uses allowed by the provisions of the Ballwin Zoning Ordinance Article IX, C-1 Commercial District Regulations, Section 2, subsections (5), (6), (7), (8), (9), (10), (11), (12), (15), (16), (17), (18), 19), (20, (21), (22), (23), (24), (28), (29), (30), and (31) as those uses are permitted and regulated and Article XIV, Section 1, Subsections (5), (14), (18), (20), (21), (25), (26) and (30) as those uses are permitted and regulated

4. The total square footage of enclosed interior commercial floor area among all commercial buildings and not including residential buildings, as measured from the inside facing walls at the floor level, shall be limited to 41,000 square feet.

5. The commercial parking lot shall be limited to an absolute maximum of 216 parking spaces. The 24 spaces fronting on the south line of Clayton Rd. in front of buildings C and B labeled as optional and the 27 spaces behind building D labeled as optional shall be possible future spaces and will not be initially constructed as a part of the plaza’s parking lot. After the plaza has been built and at least 50% occupied for one year, the owner may submit a traffic study, completed by a firm or individual with demonstrated competence in such analysis, to the Ballwin Board of Aldermen demonstrating the need for the construction of the additional spaces. The Board of Aldermen may allow the additional spaces to be built. Any substantive deviation or adjustment to the arrangement of the parking spaces shall be deemed to be a change to the approved plan and require the submission of a governing ordinance amendment petition.

6. The perimeter landscaping buffer along the west and south property lines shall consist of a 40’ wide landscaping buffer zone consisting of plantings on both sides of a fence placed in combination with the plantings so as to provide a 100% screen to a height of 6’ above ground level. The plantings shall be composed of a mixture of native and acclimatized deciduous and evergreen trees and shrubs arranged such that their growth after 5 years will provide the 100% screening requirement of the C-1 district to a height of 6’ without the fence. The fence shall be a wood fence of a privacy design to a height of 6’ with 2’ of 50% open lattice above that to a total height of 8’. The fence shall be placed at the highest possible part of the buffer zone that still provides room for plantings on both sides. In the area adjacent to Building D, the driveway will be allowed to encroach as much as 15’ into the required 40’ buffer zone. All other site landscaping shall be placed in accordance with the minimum landscaping requirements of the NCD ordinance, but allowing for minor deviations that may be necessary for vehicular safety and visibility.  

7. Unless designed as a raingarden, all parking lot islands and landscaped areas adjacent to vehicular pavement areas shall be protected by vertical concrete curbs.

8. All landscaped areas shall be irrigated. Water from the lake shall be the primary source of irrigation water. If needed, additional irrigation water shall be drawn from an on site well(s). Irrigation system maintenance shall be the responsibility of the petitioner or any subsequent property owner.

9. Sidewalks shall be provided on both sides of the internal roadway from the Clayton Rd. sidewalk to the Henry Ave. sidewalk. 

10. Vertical curb and gutter and a minimum pavement width of ½ of an arterial roadway as defined in the Ballwin Code of Ordinances shall be provided along the edge of the Henry Ave. pavement from Clayton Rd. to the south property line.

11. All building facades facing roadways and/or having customer entrances shall have 12’ sidewalks in front of the doors and window areas.

12. All pedestrian crossing areas shall be enhanced with patterned and/or colored pavement materials.

13. All pedestrian ways throughout the development shall be provided with decorative lighting and signage to facilitate way finding. 

14. All pedestrian areas within the commercial portion of the development shall be improved with benches, tables and chairs, shade structures, and fountains at a rate of at least 5 such features per commercial building labeled A, B, C and D.   

15. No outdoor display, storage or sale of equipment, vehicles, materials, merchandise or products except for sidewalk sale type events during business hours is allowed within the development. 

16. All structures of all types throughout the entire development shall utilize the same architectural themes, styles, colors, textures and materials. 

17. All building mechanical equipment shall be roof mounted or placed in a dedicated screening enclosure. All such equipment, trash containers, loading docks and facilities wherever mounted shall be 100% screened from view from all adjoining rights-of-away, properties and all public areas of the development. 

18. The landmark feature presented at the public hearing shall be installed as indicated on the plan and maintained in perpetuity by the owner of the property containing building A.

19.  The development site shall be limited to a maximum of two curb cut access points onto Clayton Rd. and two curb cut access points on Henry Ave. The location and physical configuration of the Clayton Rd. access points shall be approved by MoDOT. The location and configuration of the Henry Ave. access points shall be approved by the City of Ballwin. MoDOT approval shall be finalized and permits issued before any grading, clearing, demolition or construction permits are issued and such activities commence.

20. Storm water collection, detention and discharge systems shall be approved by MSD prior to the initiation of any grading, clearing or construction activities anywhere on the site. 

21.  Area E shall be graded to slope to the lake as shown on the revised grading plan submitted on June 3, 2009.

22.  Petitioner shall move the trash enclosure from behind Building D to the area next to the trash enclosures serving building C.

23.  The internal private roadway shall be built to Ballwin’s collector standard where parking is shown (an 11-ft. driving lane and an 8-ft. parking lane with curb and gutter) and to Ballwin’s minor collector standard (a 13-foot driving lane with curb and gutter) where parking will not be provided.

24.  Henry Avenue shall be improved to arterial roadway standards which includes the construction of a vertical curb and gutter to match that already in place on the east side of Henry Avenue and whatever additional pavement may be necessary to reach ½ of the arterial roadway standard.

25.  The Henry Avenue roadway and sidewalk improvements and all site improvements related to the commercial portion of the site shall be completed as part of the construction of the CVS phase of the development.

26.  All relocated utility lines shall be installed underground.

27.   The 5-foot wide concrete sidewalk, and all grading and construction necessary to build the sidewalk in its normal position relative to the roadway pavement, on the west side of Henry Ave. shall be extended to the south within the Henry Avenue right-of-way and connected to the existing sidewalk adjacent to Oak Tree Farm Subdivision.  

Section 2. The City Planner is authorized and directed to change "The District Map" of the City of Ballwin to reflect the changes made by this ordinance.

Section 3. This Ordinance shall take effect and be in full force from and after its passage and approval.

DRAFT

PASSED this ________ day of ________________, 2009.   ________________________________
                      TIM POGUE, MAYOR


APPROVED this ________ day of _________________, 2009.  ________________________________
                     TIM POGUE, MAYOR


ATTEST:   _____________________________________________
    THOMAS H. AIKEN, ASSISTANT CITY ADMINISTRATOR


BILL NO. ___3578_______
CITY OF BALLWIN  
14811 Manchester Road, Ballwin, MO 63011  ORDINANCE NO. ______________

INTRODUCED BY
ALDERMEN TERBROCK, MCDOWELL, SUOZZI, SCHMER, FLEMING, LEAHY, BOERNER, AND MELLOW

DRAFT

AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR   CLAYTON & HENRY RE-SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

WHEREAS, a plan has been received from Clayton Henry LLC and WB Properties LLC for the re-subdivision of certain property in the City of Ballwin. 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

 Section 1.  The Re-subdivision Plat, made a part hereof and attached hereto as Exhibit 1 for Clayton & Henry Re-subdivision, as submitted to the Board of Aldermen, is hereby approved.

 Section 2.  The Mayor and City Clerk are authorized and directed to evidence the approval of said Subdivision Plat by affixing their signatures and the official seal of the City of Ballwin to a certification of approval upon the Subdivision Plat of Clayton & Henry Re-subdivision, as submitted.

 Section 3.  The Subdivision Plat of Exhibit 1 is hereby accepted for the development of Clayton & Henry Re-subdivision.

 Section 4.  This Ordinance shall take effect and be in full force from and after its passage and approval.

DRAFT
PASSED this ________ day of ________________, 2009.   ________________________________
                      TIM POGUE, MAYOR


APPROVED this ________ day of _________________, 2009.  ________________________________
                     TIM POGUE, MAYOR


ATTEST:   ___________________________________________
    THOMAS H. AIKEN, ASSISTANT CITY ADMINISTRATOR
 

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – #1 Ballwin Commons Circle

June 22, 2009

The meeting was called to order by Mayor Pogue at 7:02 p.m. at The Pointe At Ballwin Commons.

             PRESENT                                                                                   ABSENT
MAYOR TIM POGUE 
ALDERMAN JIMMY TERBROCK 
ALDERMAN PRESS MCDOWELL 
ALDERMAN JANE SUOZZI 
ALDERMAN FRANK SCHMER 
ALDERMAN FRANK FLEMING 
ALDERMAN JIM LEAHY 
ALDERMAN RICHARD BOERNER 
ALDERMAN KEN MELLOW 
ASSISTANT CITY ADMINISTRATOR THOMAS AIKEN 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

MINUTES

The Minutes of the May 11 Board of Aldermen meeting and closed session were submitted for approval.  A motion was made by Alderman Fleming and seconded by Alderman Terbrock to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
None.

PENDING ISSUES
None.

CITIZEN COMMENTS

RE:  Kehrs Mill / Clarkson Rezoning for Schnucks development

Opposed:  The following addressed the Board expressing opposition : 
Stephen Kling, Natalie Nichols, Keli Robertson, Jennifer Beasley, Attorneys, Jenkins & Kling Attorneys At Law, 10 S. Brentwood Blvd., Clayton, MO 63105, representing 10 subdivisions;  Mr. Kling presented a petition signed by owners of properties surrounding the site opposing the rezoning, and a written copy of the presentation his office made;
Walter Degrendele, ClarksonValley;
Robert Klein, 2452 Capitol Landing, Ballwin, 63017
Christine Cybulski, 15972 Cypress Trace, Ballwin, 63017;
Matthew Conlon, 12 Morena Ct., Ballwin 63011;
Bob Nation, 17669 Bridgeway Circle, Chesterfield; 63005
Kathy Walker, 15721 Cotting Ct., Chesterfield, 63017;
Scott Douglass, 153 Chippenham Ln., Chesterfield 63005, Mayor of Clarkson Valley;
Kathy Sellenrick, 155 Forest Club Dr., Clarkson Valley 63005
Deb Ksiazek, 1351 Westpar, Ballwin 63017
Jim Nelson, 15961 Downall Green Dr., Ballwin 63017
Ralph Smith, 15715 Hill House Rd., Chesterfield 63017
Rhonda Banford, 2207 Stoneridge Terrace Ct., Chesterfield 63017
Michael Reese, 407 Nottingham Dr., Ballwin 63011
Don Delbert, 2308 Fairway Forest Ct., Chesterfield 63017
Denny Steppe, 2209 Stonegate Manor Ct., Chesterfield 63017
Myrna Meador, 2328 Eagles Glen, Ballwin 63017
Dick Ulrich, 149 Choppenham Lane, Chesterfield, 63005

In Favor:  The following addressed the Board in favor :
Kathy Kerlagon, 1146 Westrun Drive, Ballwin 63021;
David Davis, 340 Marsten, Ballwin 63021;
Connie Cole, #1 Horseshoe Ridge Ct., Chesterfield, 63005;
Nicole Rich, 4265 N.W. Point, House Springs, MO 63051, United Food & Commercial Workers Local 655
Walt Young, 634 Lemonwood Dr., Ballwin 63021;

RE:  Clayton / Henry Rezoning for CVC development

Opposed:  The following addressed the Board expressing opposition :
Edward Dillon, Jr., 14726 Mill Spring Dr., Chesterfield 63017
Mike Tucker, 493 Manorcrest Ln., Ballwin 63011
David Otto, 705 Henry Ave., Ballwin 63011

In Favor:  The following addressed the Board in favor :
Jeannie Aumiller, 707 Trago Creek Dr., Ballwin 63021

RE:  Other Issues

Mosquito Spraying:  Lori Bresnan, 665 Turfwood Drive, Ballwin 63021:  She asked for the option of “Do Not Spray” for mosquitoes.  She said that more than half of the 55 homes on Turfwood Drive have signed a petition requesting the city to stop spraying on this street.  She said that spraying in this area is not effective because of the woods and creeks that surround the homes and is concerned about the use of chemicals. 

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3573 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION CONSOLIDATION PLAT FOR BALLWIN ELEMENTARY CONSOLIDATION SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Fleming and seconded by Alderman Boerner for a first reading of Bill No. 3573.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3573 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Boerner for a second reading of Bill No. 3573.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3573 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3573 with the following results: 
Ayes – Suozzi, Boerner, Mellow, Terbrock, Fleming, Schmer, Leahy, McDowell.   Nays – None.  Bill No. 3573 was approved and became Ordinance No. 09-16.


BILL # 3574 - 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-3 SINGLE FAMILY DWELLING DISTRICT TO C-1 COMMERCIAL.

A motion was made by Alderman Fleming and seconded by Alderman Boerner for a first reading of Bill No. 3574.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3574 was read for the first time.

City Attorney Jones said that at the Planning & Zoning Commission meeting and again at this meeting, a petition was submitted pursuant to State Law and the ordinances of the City of Ballwin which requires, in order to pass the petition, a super majority, which is an affirmative vote of 6 of the 8 aldermen.  He said that he did not follow the usual procedure to verify the petition in terms of signatures and the proximity because the Planning & Zoning Commission had a negative recommendation which it sent to the Board of Aldermen.  According to Ballwin ordinances, that also requires a super majority.  In order to pass bill 3574, it will require the affirmative vote of 6 aldermen.

Alderman Boerner made the following statements:  “Many of the residents of Piccardy, Clarkson Crossing, Rockwood School District, and the Cities of Clarkson Valley and Chesterfield have all expressed opposition to the rezoning of the parcel of ground at the corner of Kehrs Mill and Clarkson Roads from residential to commercial.  I express a special concern for the homeowners who made a buying decision based upon the expectation that this parcel would ultimately be developed as a residential community.”

“The concerns expressed are legitimate and you have every right to participate in this process – especially those who are residents of Ballwin.  The primary concerns are that commercial development of this site (i) would cause property values to decrease by having the store in your back yard, (ii) disposition of waste from the store would be unsightly or smell, (iii). would cause traffic problems, (iv) and lighting from the parking lot is undesirable.”

Property Values:  “A closely related case study is the Schnucks development on Old Manchester Road in Wildwood.  In 10 years or less, the property values, including those backing to Schnucks and constructed before the Schnucks was built, have increased approximately 50%.  There is a community of approxi-mately 20 homes currently priced at $500,000 and up that was developed after the Schnucks store was built.  The fact that some of these homes backed to the Schnucks store apparently did not impact the buying decision.  I have driven that street many times and was only recently aware that many of these homes backed to the Schnucks store.  Every effort was made in Wildwood and at this location to provide an effective and appropriate landscaping barrier between the development and the adjacent homes.”

Disposition of Waste:  “All waste will be compacted and stored inside until the trash truck picks it up.  This should eliminate the concern for unsightly dumpsters or unpleasant odors.”

Traffic Problems:  “The Rockwood School District and others have expressed concerns over increased traffic at an intersection already burdened.  I find it interesting that Rockwood has expressed concerns over a problem that the district created.  There are approximately 700 parking spaces (I counted them) at the school, and to my knowledge only one entrance off of Clarkson Road that is provided for access to these 700 parking spaces.  The problem occurs during week days approximately 8 months out of the year between the hours of 7:30 and 8:30 a.m. and again between the hours of 3:30 and 4:30 p.m. – excluding summer vacation, Christmas vacation, Spring break and other holidays.  This has been a problem for as long as Marquette High School has been in existence.  When I served on the Rockwood School Board, there was never a ground swell of opposition to this daily inconvenience.  The site plan has proposed a solution to this problem.”

Lighting from the Parking Lot:  “Specially designed lighting will be installed that will direct all lighting toward the center of the parking light.  These special lighting fixtures will contain blinders on them to minimize light that would escape to the sides and rear.”

Conclusion:  “I and the other members of this Board are charged with not only addressing what is good for homeowners directly impacted, but all interested parties.  Other than homeowners that are directly impacted, other residents of Ballwin overwhelmingly support the project.  This Board is charged with determining what is fair to and appropriate for all parties involved.”

“Other than the aforementioned parties, the other parties involved are (i). the current owner of the land, (ii) Schnucks Markets,  and (iii) the City of Ballwin.”

The Current Owner :  “The land is roughly a 4.27 acre pie-shaped plot of land bounded on two sides by major roadways.  A study conducted by Mark S. Mehlman Realty Inc. concluded that this ground is not suitable for a residential development that would yield a reasonable profit.  Certainly, at some price and a limited number of building sites at the right price could turn a profit.  However, the conclusion was that the best use of this land is for commercial development.  If this Board refuses to rezone this ground, then we may very well render this ground virtually worthless.  That is not fair.”

Schnucks Markets:  “As demonstrated by the Wildwood location, Schnucks can and has developed a site that has minimal or perhaps even a positive impact on the values of the surrounding homes.  Management has complied with requests from the City of Ballwin to improve the site plan and has made every attempt to mitigate the concerns of the surrounding neighborhoods.  Schnucks has no interest in creating ill will from the City of Ballwin or its customers.  I have personally seen that the teenagers in Wildwood from the adjoining communities congregate at the Bread Company or one of the other restaurants in that development.”

The City of Ballwin:  “The City has the obligation to be fair to all interested parties and to promote the best use of resources available to continue to provide the services to which the residents of the City, as a whole, have become accustomed.”

Alderman Boerner said, “based upon these considerations, I believe that it is in the best interest of the City of Ballwin and its citizens to approve the rezoning of this parcel from residential to commercial.”

Alderman McDowell said that he does not have any information or documentation of any acoustical findings being presented to the Board or the Planning & Zoning Commission. 

Alderman McDowell asked City Attorney Jones to explain the parameters and purpose of the Comprehensive Plan regarding this project.  City Attorney Jones said that the Planning & Zoning Commission adopted a Comprehensive Plan in accordance with Chapter 89.340 of the Missouri Statutes.  This requires the Commission to make and adopt a city plan for the physical development of the municipality.  The purpose is to guide the development and use of land within the city.  It is adopted by the Planning & Zoning Commission and does not bind the Board of Aldermen.  The 2007 Comprehensive Plan anticipates neighborhood commercial nodes, abutting residential and major intersections, although not specifically designating this particular intersection as one of those.  The Comprehensive Plan is one factor that the Board of Aldermen should consider in making decisions, but not the only thing.

Alderman McDowell said that he met with residents in the area and listened to their concerns.  He said he visited 10 Schnucks stores and the neighborhoods surrounding them.  His decision on this issue has no bearing on the financial aspect of what revenue will or will not be brought into the city.  His decision is based upon the rezoning issues only. 

Alderman Terbrock said that the Comprehensive Plan encourages commercial nodes at several locations and for mixed use applications.  This development fits within the criteria of the Comprehensive Plan for such use.  He said that the property at Kehrs Mill and Clarkson will not work for residential development because the costs are too high.  Schnucks said it is going to do specific roadway improvements to mitigate the traffic problems.  A residential developer would not be able to do this because of the cost.  He said he is in favor of this development.

Alderman Suozzi asked the Traffic Engineer about exiting the Clarkson Crossing Subdivision.  She asked for an overview of the length of the left turn lanes and where they end.  Julie Noflo, Senior Traffic Engineer with Crawford, Bunte, Brameier, said that there will be dual left turn lanes onto Kehrs Mill for southbound Clarkson Road traffic, and the amount of additional traffic added to Kehrs Mill in front of Stonebriar equals about 1 additional car per minute.  She said that MoDOT has agreed to allow a crosswalk on Clarkson Road at this intersection.  She said there will be adequate time for pedestrians to cross.  She said that right turning traffic will have to yield to pedestrians in the crosswalk, as is common in most crosswalks. 

Alderman Schmer said that he received some e-mails regarding this rezoning petition that were threatening and inappropriate.  He said he had meetings with some of the residents in the area.  Part of city government is speaking about issues and voting, but asked that future communications be appropriate because lives and families are affected by such inappropriate dialog.

A motion was made by Alderman Terbrock and seconded by Alderman Boerner for a second reading of Bill No. 3574.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3574 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3574 with the following results: 
Ayes – Terbrock, Schmer, Leahy, McDowell, Fleming, Boerner, Suozzi, Mellow.    Nays – None.  Bill No. 3574 was approved and became Ordinance No. 09-17.

BILL # 3575 - AN ORDINANCE ADOPTING A NEIGHBORHOOD COMMERCIAL OVERLAY DISTRICT FOR CERTAIN LAND AT 2511 KEHRS MILL ROAD IN THE CITY OF BALLWIN CURRENTLY ZONED C-1 COMMERCIAL.

A motion was made by Alderman Schmer and seconded by Alderman Mellow for a first reading of Bill No. 3575.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3575 was read for the first time.

A motion was made by Alderman Boerner and seconded by Alderman Terbrock for a second reading of Bill No. 3575.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3575 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3575 with the following results: 
Ayes – Boerner, Fleming, Suozzi, McDowell, Leahy, Mellow, Terbrock, Schmer.  Nays – None.  Bill No. 3575 was approved and became Ordinance No. 09-18.

Alderman Schmer asked that the Schnucks representatives meet with the most affected residents and make every effort to address their concerns.

BILL # 3576 - 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 (COUNTY) SINGLE FAMILY DWELLING DISTRICT TO C-1 COMMERCIAL.

A motion was made by Alderman Boerner and seconded by Alderman Mellow for a first reading of Bill No. 3576.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3576 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Schmer for a second reading of Bill No. 3576.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3576 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3576 with the following results: 
Ayes – Suozzi, Mellow, McDowell, Fleming, Schmer, Boerner, Terbrock, Leahy.   Nays – None.  Bill No. 3576 was approved and became Ordinance No. 09-19.

BILL # 3577 - AN ORDINANCE ADOPTING A NEIGHBORHOOD COMMERCIAL OVERLAY DISTRICT FOR CERTAIN LAND AT CLAYTON ROAD AND HENRY AVENUE IN THE CITY OF BALLWIN CURRENTLY ZONED C-1 COMMERCIAL.

A motion was made by Alderman Boerner and seconded by Alderman Suozzi for a first reading of Bill No. 3577.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3577 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Suozzi for a second reading of Bill No. 3577.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3577 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3577 with the following results: 
Ayes – Terbrock, Boerner, Leahy, Mellow, Suozzi, Fleming, Schmer, McDowell.  Nays – None.  Bill No. 3577 was approved and became Ordinance No. 09-20.

BILL # 3578 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR CLAYTON & HENRY SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Suozzi and seconded by Alderman Terbrock for a first reading of Bill No. 3578.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3578 was read for the first time.

A motion was made by Alderman McDowell and seconded by Alderman Suozzi for a second reading of Bill No. 3578.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3578 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3578 with the following results: 
Ayes – McDowell, Boerner, Mellow, Terbrock, Suozzi, Leahy, Schmer, Fleming.  Nays – None.  Bill No. 3578 was approved and became Ordinance No. 09-21.

CONSENT ITEMS:  (Budgeted items which are low bid and do not exceed expenditure estimates and/or items which have been previously approved in concept.)

A. Manchester Road Sidewalks
B. Government Center Parking Lot
C. Liquor License – Target
D. Liquor License Renewals
E. Storm Water Standards
F. Records Destruction

Assistant City Administrator Aiken said that several years ago, the City of Ballwin built sidewalks along Manchester Road and obtained a grant to pay 70% of the cost.  Several property owners were unwilling to pay the difference.  The Board passed Ordinance # 05-39 requiring that any transfer of a Special Use Exception on any property that has an outstanding balance on this be required to pay the balance before the Special Use Exception could be transferred.  The outstanding amount due is $678 on this property.

Alderman Terbrock requested that Items A be removed for further discussion.

A motion was made by Alderman Terbrock and seconded by Alderman McDowell to accept the Consent Items B - F.  A voice vote was taken with a unanimous affirmative result and the motion passed.

MAYOR’S REPORT

Joint Meeting:  Mayor Pogue asked the Board to consider having another joint meeting with the City of Ellisville as has been done in the previous 2 years.  He suggested an August meeting. 

Board of Adjustment Vacancy:  Mayor Pogue said that a replacement needs to be appointed for Ward 3 Alternate Alice Lauher, whose term expires on May 24, 2010.  He asked for the Ward 3 aldermen to consider candidates for this position.

Planning & Zoning Vacancies:  Mayor Pogue said that a replacement needs to be appointed for Ward 1 Commissioner Ron Kadane, whose term expires on May 13, 2013.  He recommended the appointment of Chris Wright to fill this position.

A motion was made by Alderman McDowell and seconded by Alderman Terbrock to appoint Chris Wright to the Planning & Zoning Commission, filling the Ward 1 vacancy.  A voice vote was taken with a unanimous affirmative result, and the motion passed.

CITY ADMINISTRATOR’S REPORT

Manchester Road Sidewalks:    A motion was made by Alderman McDowell and seconded by Alderman Suozzi to approve the transfer of the Special Use Exception auto service to Monroe Muffler, subject to the payment of the outstanding sidewalk construction amount.  A voice vote was taken with a unanimous affirmative result and the motion passed.

CITY ATTORNEY’S REPORT
None.

ALDERMANIC COMMENTS

Alderman McDowell said that recently he saw three dogs in Vlasis Park chasing geese.  He said he was impressed that the geese were scattering in all directions.  When he returned an hour later, the geese and goslings were back at the lake.  Alderman Suozzi said that the geese are unable to fly at this time because they are molting.  He said that there is still a goose problem in Vlasis Park.

Adjourn:  A motion was made by Alderman Suozzi and seconded by Alderman Terbrock to adjourn.  The motion passed unanimously and the meeting was adjourned at 9:03 p.m.

TIM POGUE, MAYOR

ATTEST:
THOMAS H. AIKEN, ASSISTANT CITY ADMINISTRATOR

MC