MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
February 23, 2004
revised 3-16-04

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

The Pledge of Allegiance was given.

The Minutes of the February 9, 2004 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Gatton 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.

None.

CITIZEN COMMENTS 

Randy Mayfield, 506 Hatteras:  Mr. Mayfield asked that the Ballwin Board of Aldermen listen to the residents of Chesterfield regarding the Villas At Meadowbrook project who will be impacted by this development. 

Joe Hartnett, Trustee of Twin Estates at Meadowbrook Subdivision:  Mr. Hartnett said the residents of his subdivision are opposed to the Villas project as proposed.  They do not want PSD zoning, but feel that R-1 single family development would be more appropriate.  The area would become twice as dense with this multi-family development.  A higher density development should not be placed between existing lower density neighborhoods.  At the Planning and Zoning meeting, one of the commissioners recommended approving the exceptions to the current R-1 zoning to help out the country club.  He said Mr. Simon has stated that the club is not in financial trouble.  The value of the country club land is between $60 and $75 million.  Ballwin does not need to help out affluent country club members, most of whom don’t live in Ballwin.  The country club can still develop this property if the current R-1 zoning is maintained.  The proposed plan is like a size 10 foot being squeezed into a size 6 shoe.  He asked that the proposal be sent back for reconsideration.

Collin McCance, Trustee in Sycamore Place Subdivision:  Mr. McCance said the zoning should not be changed and the buffer will be inadequate.  The character, safety and security of the area will be changed, and this will lessen property values.  He said that several members of the Planning & Zoning Commission said the proposed development is not appropriate for this area, and they voted against it.  Mr. Simon had stated that along up to 20% of the perimeter, the plan may not be able to meet Mr. Aiken’s recommendations.  Mr. Simon said he would do everything possible to observe the no-grade requirement.  After more extensive study of the area, Mr. Simon’s estimate is that up to 50% of the no-grade zone requirement cannot be met and grading to the property line will be necessary.  This plan will not provide a 15-foot no-grade zone, but instead a zero no-grade zone along up to 50% of the perimeter.  This is not a sufficient buffer to lessen the impact of the development on the surrounding neighborhood.  This property was zoned for recreational use and Ballwin’s Comprehensive Plan recommended that it remain recreational.  The secure designs of the adjoining neighborhoods will be dramatically altered.  This plan will remove every tree, plant and all vegetation in up to 50% of the perimeter.  The Planning & Zoning Commission is requiring trees and shrubbery that would provide 75% visual screening in addition to the buffer.  Without the buffer there is a 25% view of a road and traffic. 

Jeff Chaney, President of Board of Trustees for Meadowbrook Farms, Clarkson Estates Subdivision:  Mr. Chaney said that the zoning should not be changed.  Residents of his subdivision are very concerned about storm water runoff.  The erosion cost will be excessive.   Ballwin should dictate acceptable standards for this development.  Meadowbrook Farms residents have spent $10,000 on erosion control priority evaluation reports.  Based on these recommendations, over $20,000 has been spent on open channels which the proposed development plans to connect into.  Any unforeseen erosion problems could be overwhelming.  The current flow rate of storm water runoff is 9 cfs.  After this development, it will be 15 cfs.  MSD will not allow an increase of 2 cfs or greater.  The developer and his attorney say that the surface flow will be reduced.  It will because the water will be flowing underground vs. over the surface.  Keeping the rate of discharge from the detention facility the same meets MSD’s requirement, but significantly increasing the volume of water flowing through the neighborhood will expedite the erosion problems.  That is not acceptable to the residents.  Since Meadowbrook Country Club will benefit from the sale, it should be responsible for the water runoff.  He asked if the erosion is worsened, as is anticipated, due to the new development, will Ballwin or the developer help the residents.  He recommended escrowing funds upfront if the residents will have to depend on the developer for help.  He asked that the Board of Aldermen vote no to the proposed ordinance change because the current plan is far from perfect on the issues of density, buffers and storm water runoff. 

Alderman Lembke asked if there was a way that all of the storm water could be directed back toward the country club, what would be his position.  Mr. Chaney said that would be a positive and would be good for all the neighboring subdivisions. 

Bill Miller, 2102 Terrimill, Chesterfield resident and neighbor of Meadowbrook:  Mr. Miller said the Zoning Code is a commitment and a protective device.  A change in the zoning must show good cause and benefit for all parties.  The proposed zoning change is inappropriate for this area.  Meadowbrook Country Club is badly run and in need of money.  The private developer is intent on building as many units as possible in order for him to recoup the sales cost he is negotiating.  The two private parties are asking Ballwin to abandon the zoning that has been in effect for over 20 years.  For their own financial gain, they are asking that 26 acres of woods be rezoned so that they can tear it down and build housing units that are completely incompatible with the surrounding area.  He asked if the City will have a stronger position to deny future rezoning if this request is approved. 

Jack Gillum, 15119 Woodsbluff, Chesterfield, Claymont Woods Subdivision Trustee:  Mr. Gillum expressed opposition to the proposed construction of the Villas.  He said the storm water erosion will impact the Claymont Woods Subdivision lake.  The residents do not want their lake to suffer from sedimentation and construction debris accumulation.  He asked that if the Villas are built, that the best management practices will be followed and include a required documented program of construction supervision and oversight.  He said an additional escrow of $200,000 should be included for any damage that would be done to the lake. 

Rich Brewer, 103 Meadowbrook Country Club Estates:  Mr. Brewer objects to the loss of privacy and the park setting.  The proposed development is too dense.  His lot is over one acre with one housing unit.  The proposed development will be 6 units per acre.  There currently is a cul-de-sac in his front yard.  This development will put a cul-de-sac 30 feet from the rear of his back yard.  This will decrease the quality of life with a cul-de-sac in both the front and back yard.  He said in order to move the cul-de-sac further away from his house would be to eliminate one of the units.  If this was going to be a single-family home development, the cul-de-sac would probably be further away. 

Mayor Jones said that the Planning & Zoning Commission looked at the density issues.  The same constructability issues present in this proposal would be present in the R-1 zoning.  The same sort of issues in terms of constructing single family homes in this 25 acres would be present in the R-1 zoning.  The situation is being misstated by talking about units as opposed to buildings.  Mr. Brewer disagreed.  He said his house is almost 125 feet from his neighbor’s house.  The proposed buildings would be 20 – 30 feet apart.  This is too dense. 

Dan Hurt, Chesterfield Councilman:  Mr. Hurt said that it is common practice throughout the area to use transitional zoning between different densities to maintain the character of a neighborhood.  He suggested a larger buffer could be provided by backing the new units up to the existing units and require a little larger lot, which would be fewer units.  The development would still be in the 50+ unit range and be able to maintain a buffer. 

Mike Casey, Chesterfield Councilman:  Mr. Casey said he supports a 50-foot wide buffer zone.  A 15-foot buffer zone is no more than a utility easement.  He asked that the Board listen to the concerns of the Chesterfield residents who are neighbors of the proposed development.  Some years ago, Ballwin residents opposed a project within Chesterfield.  Their concerns were listened to as though they were residents of Chesterfield.  He asked that the Ballwin address the concerns of the Chesterfield residents as if they were Ballwin residents.  This project is unique because the people most impacted live in Chesterfield.  He asked that the Board address these issues and concerns before moving forward with this development.

Mr. Liebling’s Attorney for the Meadowbrook Homeowners Association:  He said that Mr. Liebling has been in negotiations with Simon Homes and provided that the conditions set forth in their letter to him dated January 26, 2004, are complied with, he will withdraw his objections.

BILL # 3283 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR THE VILLAS AT MEADOWBROOK SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Easter and seconded by Alderman McDowell for a first reading of Bill No. 3283.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3283 was read for the first time.

Alderman Robinson said that since he is a former law partner of Mr. Doster, he will abstain from voting on these issues relating to Meadowbrook. 

Mayor Jones said that this matter was considered at the Planning & Zoning Commission meeting on January 5 and February 2, and the members present voted 7 – 2 in favor of recommending approval of the subdivision plat, SUB 03-1.  There were 9 of the 11 members present at the meeting. 

Alderman Gatton said that there has been much discussion about the 15-foot no-grade zone.  It was his understanding that only 2 or 3 lots would be impacted by a smaller zone.  Now it sounds like up to 50% will be impacted.  Mr. Mike Doster, Attorney for the petitioners presented a slide display.  He said that this is a golf course related community.  The unit prices will range from $400,000 - $800,000.  Alderman McDowell asked if the Villas are tied to country club memberships.  Mr. Doster said no they are not tied to memberships.  The display showed the areas where the full 15-foot no-grade zone could not be maintained.  The exact grading lines cannot be determined at this time.  This project is still a work in progress and will be completed to submit the final site improvement plans.  The work done to date indicates that probably in most cases where the 15-foot no-grade cannot be honored, they will be able to stay away from the boundary line and perhaps only encroach upon the 15-foot no-grade zone by 5 – 8 feet.  The final topography work has not been completed. 

Alderman McDowell said this is indicating a rather large encroachment on the no-grade zone.  Mr. Doster said that when the final plan is submitted, the grade lines will be shown and approved before moving forward. 

Skip Kincaid, who has a Forestry Consulting Firm for 13 years and is a certified arborist and certified forester, said that Simon Homes asked him about the trees on the adjacent properties and what impact the proposed construction might have on them.  Where the 15-foot no-grade zone will not be maintained, the adjacent trees are either far enough away or large enough that even if there was grading right up to the property line, he said he is confident that no trees would be lost along the property line.  Retaining walls and selective root pruning can be utilized to protect the trees. 

Alderman Buermann said there is a 150-foot tree in his yard that will have to be cut down because the roots were damaged by a backhoe 10 years ago.  Mr. Kincaid said that root pruning prior to the excavation might have save this tree if the rest of the root system was not disturbed.  Alderman Buermann said if a backhoe accidentally hits the tree, the process starts and the tree will die.  Mr. Kincaid said when an arborist is part of the team, the backhoe operators are educated on how to protect trees and damage is kept to a minimum.

Alderman McDowell asked how many trees are within the 15-foot no-grade zone that will be compromised.  Mr. Kincaid said there are about 10 trees that are over 8 inches in diameter that are within 15 feet of the property line or are close to the line on the adjoining properties.

Alderman Anderson asked what the most encroachment will be.  An Engineer on the project said that the closest encroachment will be within one foot of the property line.  Alderman McDowell said an encroachment of this magnitude is not acceptable. 

Richard Halsey, landscape architect, said some of the encroachments cannot be avoided because of utility connections and storm sewers. 

Barry Simon, developer, said that they are making a commitment and are confident that any trees on the adjoining properties will be saved and will not suffer at all.  In the areas indicated in yellow, a complete 15-foot no-grade zone cannot be maintained.  Once the final development plan is completed and submitted to the City of Ballwin for approval, they will identify every area where they will be within the 15-foot no-grade zone.  They will then identify every tree that is within 15 feet of the adjacent property.  Every tree will be studied on an individual basis by the arborist.  If he thinks any tree will be endangered, he will come up with a plan to protect the tree, whether it is moving away to protect it, building a wall, or deep root pruning.  The findings will be submitted to Ballwin for final approval.  He said they are guaranteeing and committing that no trees will be damaged on the Chesterfield properties. 

Mr. Simon said they are going to give the residents of Chesterfield and the Villas of Meadowbrook a 75% visual landscape barrier all along the western property line and all along the northern property line.  The type of landscaping buffer that will be there at the time of planting will be greater and much more beautiful than they have today. 

Alderman Gatton said this project has the appearance of spot zoning and should be avoided if at all possible. 

Mr. Simon said two water retention areas and one underground detention basin will be installed.  The velocity of the water leaving the site will be the same or less than it is today because of the underground detention basin.  The volume will increase but not the velocity.  No one can guarantee that there won’t be any erosion. 

Alderman Lembke said there is going to be a greater volume of water that will go through the existing storm water system.  To expose it to the same velocity for twice as long of a period of time is going to create more erosion.  Yes or No?  The Engineer said he cannot answer that question, but it is expected that it will not.

Mr. Simon said that people are looking for a high quality construction, a golf course community, a location in the Ballwin area, and an alternative to maintaining a home.  His units have all of the amenities of a large custom home but don’t require the responsibility of shoveling snow and maintaining the lawn.  In Chesterfield, villas have been built next to single-family homes because that’s the lifestyle today. 

Alderman McDowell said the developer came to the City asking for the zoning to be changed to fit his development.  The parcel selected for sale was carved out solely for the purpose of selling it off as a development.  This is not acceptable and there is not a justification for a zoning change.  This development will adversely affect the character of the neighborhood.  Constructing the villas with, in some cases, less than a 15-foot wide buffer zone would adversely affect the characteristics of the surrounding neighborhood.  He said he would not want someone to build 50 villas on land behind his home that was formerly a country club and that was carved out solely for the purpose of building the land, and let the highest bidder build the homes.  The 26 acres will probably be developed in the future but this development does not meet the criteria of the current zoning.  This is not a hardship for a zoning change. 

Alderman Suozzi said that at the Zoning Commission meeting in February, former Mayor Montgomery pointed out that the country club said they are preserving the golf course.  She said that Assistant City Administrator / City Planner Aiken reviewed the proposal twice and stated in his memo that this proposed development is consistent with the densities of the adjoining Chesterfield subdivisions.  She had a personal situation with a single loaded cul-de-sac behind her home, which at first she was opposed to.  The property was formerly a horse farm.  The street became more of a buffer than the back yards of homes.

Mayor Jones said that this development will improve this tract of ground in terms of desirability. 

City Attorney Lucchesi said there have been two petitions filed.  Under the State statutes, if petitions were proper, it would affect the number of positive votes required by members of the Board of Aldermen to pass the rezoning legislation.  Six affirmative votes will be required to pass the rezoning legislation if the petition is valid.

A motion was made by Alderman Anderson and seconded by Alderman Suozzi for a second reading of Bill No. 3283.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3283 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3283 with the following results:  Ayes – Lembke, Suozzi, Easter, Buermann, Gatton.    Nays – McDowell, Anderson.  Abstain:  Robinson.  Whereupon Mayor Jones declared Bill No. 3283 approved and it became Ordinance No. 04-08.

BILL # 3284 - 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-1 SINGLE FAMILY TO PLANNED SINGLE FAMILY DWELLING DEVELOPMENT (PSD) DISTRICT.

A motion was made by Alderman Lembke and seconded by Alderman Suozzi for a first reading of Bill No. 3284.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3284 was read for the first time.

Alderman McDowell asked Assistant City Administrator Aiken to clarify the criteria for a zoning change.  Alderman Suozzi suggested tabling the rezoning legislation for further discussion at the next meeting.

A motion was made by Alderman Suozzi and seconded by Alderman Lembke to table Bill No. 3284, based on the receipt of petitions against the zoning change so that the petition can be verified and evaluated.  A voice vote was taken with a result of 7 Ayes and Alderman Robinson abstaining.  The motion was declared passed to table Bill 3284 for consideration at the March 8, 2004 meeting.

BILL # 3285 - AN ORDINANCE RELATING TO PROCEDURAL GUIDANCE FOR CONSTRUCTION AND LAND DISTURBANCE ACTIVITIES AND RELATED STORM WATER CONTROL REQUIREMENTS IN THE CITY OF BALLWIN.

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a first reading of Bill No. 3285.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3285 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Gatton for a second reading of Bill No. 3285.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3285 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3285 with the following results:  Ayes –Buermann, Robinson, Anderson, Easter, Lembke, McDowell, Gatton, Suozzi.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3285 approved and it became Ordinance No. 04-09.

A motion was made by Alderman Anderson and seconded by Alderman Gatton to adopt the consent items.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

None.

North Pointe Parking Lot Expansion:  City Administrator Kuntz said he does not recommend elimination of any parking spaces to meet the budget.  The contingency could be utilized to allow acceptance of the low bid for the parking lot expansion.  If any spaces are eliminated, the last ones recommended for elimination are the ones closest to the golf clubhouse because of their proximity to the clubhouse.  The recommendation is to accept the low bidder.

A motion was made by Alderman Gatton and seconded by Alderman Anderson to accept the low bid from L. Krupp Construction for the North Pointe parking lot expansion and to utilize the contingency to fund the shortfall in the line item.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

City Administrator Kuntz asked what should be done about the basketball court area.  It is difficult to maintain a competitive type of basketball facility, but the parking lot could serve a dual purpose for occasional leisure play.  This would be a paved parking lot with 2 or 3 baskets.  Alderman Gatton said the parking needs of the $8 million aquatic center are more important than this basketball court.  There are basketball courts at the Pointe and in New Ballwin Park.  Alderman Robinson said the outdoor basketball court at North Pointe are not used very much.  City Administrator Kuntz said basketball goals could be located at the end of the parking lot with the markings painted on the blacktop.  City Engineer Kramer said it would cost between $3,000 - $5,000 to build a small wall to facilitate using the parking lot as a basketball facility.

A motion was made by Alderman Gatton and seconded by Alderman Easter to install the basketball court on the asphalt.  A voice vote was taken with 7 affirmative votes and Alderman McDowell voting No.  The motion was declared passed.

Sewer Lateral Program:  City Administrator Kuntz said this is to refine the sewer lateral program to address concerns expressed at the last meeting.  Assistant City Administrator Aiken said currently there is a contractual agreement with the sewer lateral contractors who do this work.  There isn’t a price in the agreement for temporary asphalt patching.  The agreement contains asphalt street repair, concrete slab repair and overlay repair.  It is hoped that a more reasonable cost can be obtained for temporary asphalt patching when the contract is renewed in the Fall.

Pension:  City Administrator Kuntz said there is an issue of equity in the way Ballwin funds pensions for employees who are not being paid.  Alderman Gatton said that the Federal law states that the City is not obligated to pay anyone who is not on active duty with the City.  City Administrator Kuntz said that the City was given incorrect information from the military, and a pension contribution, based on full salary, has been continued for an employee who is not receiving a Ballwin salary.  Alderman Gatton said that this is a benefit and should be extended to all employees in similar situations, or in the alternative, not paid to any employee. 

A motion was made by Alderman Gatton and seconded by Alderman Lembke to amend the Personnel Rules to reflect the extension of benefits unilaterally for all employees, there will be no pension contribution and military leave will be treated the same as family medical leave or any other unpaid leave, and all employees, regardless of reason, on unpaid leave will not receive the extension of pension.  A voice vote was taken with 7 affirmative Yes votes and Alderman McDowell voting No.  The motion was approved.

Alderman Buermann reported that the Finance & Administration Committee met at 6:30 p.m. this date.  In attendance were Mayor Jones, Aldermen Easter, Lembke, Buermann, and City Administrator Kuntz.  The vote was 5-0 in favor of forming a Financial Advisory Committee.  It will be made up of 5 Ballwin residents and have one aldermanic representative.  The members should be selected by April 1, 2004, to serve for a period of 90 days.  A written report of their findings and recommendations will be required.  The qualifications for membership should be a financial background.  The committee will have a time commitment to issue its report and the meetings will be open to the public.  The current nominations reflect one from Ward 3 and one from Ward 4.  The committee recommended representation from all four wards.  At the first meeting, the Financial Advisory Committee will meet with the Finance and Administration Committee of the Board.  City Administrator Kuntz and Finance Officer Loehr will be present to answer any questions. 

None.

A motion was made by Alderman Easter and seconded by Alderman Lembke to adjourn.  The motion passed unanimously and the meeting was adjourned at 9:40 p.m. 

MC