Board of Aldermen Meeting

Meeting Agenda

September 22, 2003 - 7 p.m. Board of Aldermen
Meeting Agenda and Briefs

Board of Alderman Meetings are held on the 2nd and 4th Monday of the month, at 7:00 p.m., at the Donald "Red" Loehr Police & Court Center, located at 300 Park Drive in Vlasis Park.

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
September 22, 2003

The Pledge of Allegiance was given. 

The meeting was called to order by Mayor Jones at 7:04 p.m.

PAVEMENT ASSESSMENT
Joe Kindler from KMS & Associates gave a report on the condition of Ballwin’s streets.  His slide presentation showed that in two years, the City has made excellent improvement in the repair and condition of the streets.  In 2001, the average Pavement Condition Index (PCI) for the City of Ballwin was 71.  Today, the score has increased to 75.  He said most of the cities he works with have a PCI rating in the 60s.  A sample area for evaluation of a street is a randomly chosen 2,500 square feet section.  There are 19 different distresses for asphalt and 17 for concrete.  Every distress is measured.  He walks the area and measures every foot.  The quality of the street is not equal to the appearance.  The rating for Ward 1 two years ago was73 and today is 78.  Ward 2 started as a 70 and is now 74.  Ward 3 was 63 and today is 66.  Ward 4 two years ago was 76 and now is 81.

Mr. Kindler recommended the “Blended Approach” for funding improvements.  Money is spent on good roads to keep them good, the mid condition roads are improved keep them from getting worse, and some money is spent on the worst roads to bring them up to standards.  All of the money should not be spent on the worst roads because the condition of the other roads would slide down very fast and the City would lose ground.  He said it has been proven that you get the most for your money with the blended approach and Ballwin is attempting to use this method.

Mr. Kinder said he has been a pavement maintenance engineer for over 30 years.  He said that asphalt is much easier to maintain and repair.  Concrete initially looks very nice, but the repairs are expensive.

Dan Backowski, GIS Technician, displayed two maps of the city streets which indicated the condition and improvement levels of the Ballwin streets.  The maps also showed the type of maintenance done on the streets and in what year.

Alderman Anderson said that at a future meeting, he would like to discuss the parity question among and between wards.  Ward 3 is significantly lower than the other wards and lower than the average.  The gain was not as large as that of the other wards.  Mayor Jones said the budget cycle would be the best time to do this.

PUBLIC HEARINGS

None.

CITIZEN COMMENTS

Frank Nieman, Frick’s Bar & Grill:  Mr. Nieman addressed the smoking issue for restaurants.  He said his restaurant at this time is 55% smoking because that is his customers’ preference.  He suggested that Ballwin prohibit the sale of cigarettes rather than prohibit smoking in restaurants.  He installed an air purifying system in his restaurant.  He said he has not received a tax break for doing this and having a concern for the well-being of others.  He would like for his restaurant to be non-smoking, but he would lose business and would have to close the restaurant.  City Attorney Lucchesi said he does not think Ballwin has the authority to ban the sale of tobacco products.  Alderman McDowell said that cigarette smoke has a damaging effect and this should be considered along with how a ban would affect the business owners.  He said taking a survey of the businesses is the right approach.

Steve Lekitch, 1035 Camargo:  Mr. Lekitch presented the definition of plot plan and front and side yards from the Code of Ordinances.  He suggested that if Ballwin would adhere to the definitions for enforcement, some of the problems that he has brought before the Board would be eliminated.  Mayor Jones said the parking regulations are being enforced everyday.  He said the parking violations are still occurring on Camargo.  The commercial vehicle is still being parked in the front yard.  The concrete mixer is again being parked on the driveway.  He asked if the regulations are being enforced, then why are the violations being repeated.  Mayor Jones said this will be handled appropriately in Municipal Court.

Mike Reid, District Office Director for Senator John Loudon:  Mr. Reed introduced himself to the Board and said he will be in attendance at some of the Board meetings on behalf of Senator Loudon.  He said Senator Loudon is interested in doing whatever he can to make sure Missouri has a good economic climate because there have been 77,000 jobs lost in Missouri in the past year.  Senator Loudon is a co-sponsor of Worker’s Compensation Insurance reform because he believes that out of control workers comp costs and lawsuits have been hurting the businesses.  He is interested in improving the highway infrastructure along Highway 64/40 and he would like to see Highway 141 expanded up to Highway 70 and 370.

Alderman Robinson said that the people in Ward 3 do not believe that John Loudon is helping them.  In the Conceal and Carry Handgun vote, Ward 3 voted convincingly against conceal and carry.  Alderman Robinson is very disappointed that John Loudon now wants to allow this and voted to override the veto.  Mr. Reid said he will pass this along to Senator Loudon.

Alderman Buermann and City Administrator Kuntz brought up the issue of the compost situation at Castlewood State Park.  The Department of Natural Resources did not offer any assistance with utilizing a site for leaf collection/disposal at Castlewood State Park.  City Administrator Kuntz said he has identified 4 additional possible sites for this activity.  The Board would like to partner with Castlewood and this would have a positive effect on the environment.  Mr. Reid said he will check into this further.

LEGISLATION 
BILL # 3256

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a first reading of Bill No. 3256.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3256 was read for the first time.

A motion was made by Alderman Lembke and seconded by Alderman Suozzi for a second reading of Bill No. 3256.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3256 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3256 with the following results:  Ayes –Lembke, Robinson, McDowell, Suozzi, Anderson, Buermann, Gatton.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3256 approved and it became Ordinance No. 03-51.

BILL # 3257 - AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING SECTION 15-482 SCHEDULE G ENTITLED PARKING PROHIBITED AT ALL TIMES IN THE CITY OF BALLWIN.

A motion was made by Alderman Gatton and seconded by Alderman Lembke for a first reading of Bill No. 3257.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3257 was read for the first time.

A motion was made by Alderman Lembke and seconded by Alderman Robinson for a second reading of Bill No. 3257.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3257 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3257 with the following results:  Ayes –Gatton, Lembke, McDowell, Buermann, Robinson, Suozzi, Anderson.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3257 approved and it became Ordinance No. 03-52.

BILL # 3258 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY WITH THE CITY OF MANCHESTER RELATING TO THE PROVIDING OF POLICE DISPATCHING SERVICES AND TEMPORARY PRISONER HOLDOVER FACILITIES FOR THE CITY OF MANCHESTER.

A motion was made by Alderman Anderson and seconded by Alderman Buermann for a first reading of Bill No. 3258.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3258 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Gatton for a second reading of Bill No. 3258.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3258 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3258 with the following results:  Ayes –Suozzi, Anderson, McDowell, Lembke, Robinson, Buermann, Gatton.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3258 approved and it became Ordinance No. 03-53.

BILL # 3259 - AN ORDINANCE AMENDING CHAPTER 3, SECTION 3-52 (10) BY ADJUSTING THE TIME FOR SALE OF INTOXICATING LIQUOR IN THE ORIGINAL PACKAGE, NOT TO BE CONSUMED ON THE PREMISES, FOR ESTABLISHMENTS QUALIFYING UNDER STATE LAW.

A motion was made by Alderman Robinson and seconded by Alderman Lembke for a first reading of Bill No. 3259.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3259 was read for the first time.

Alderman McDowell expressed his opposition to this bill and asked that it be voted down.  Alderman Robinson said this bill is to bring the ordinance in compliance with State law.

- AN ORDINANCE ORDERING THE INSTALLATION BY MISSOURI AMERICAN WATER COMPANY OF TWO FIRE HYDRANTS IN CLAYTON CORNERS SUBDIVISION. 
A motion was made by Alderman Lembke and seconded by Alderman Buermann for a second reading of Bill No. 3259.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3259 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3259 with the following results:  Ayes –Lembke, Suozzi, Anderson, Robinson, Buermann, Gatton.    Nays – Alderman McDowell.  Whereupon Mayor Jones declared Bill No. 3259 approved by a vote of 6 – 1 and it became Ordinance No. 03-54.

CONSENT ITEMS

None.

MAYOR’S REPORT

Historical Commission

Fine Arts Commission:  Alderman Anderson is concerned about the number of commission members that have resigned.  Will these former members be replaced on this Commission?  Mayor Jones said they should be replaced.  He said that one resigned because of taking a new job and there were other conflicts among the others.  From an organizational standpoint, the programs would be better organized by the Parks and Recreation Department.  The fund raising could be done by the Commission.  This is a fund raising type of group instead of a planning commission.

Concealed Weapons

:  Mayor Jones said that Historical Commission member Calvin Potthast passed away earlier this year.  There are 3 members whose term of office will expire on December 31.  He will contact them to see if they are interested in continuing to serve.  He will report back at the next meeting regarding the replacement for Mr. Potthast. :  Mayor Jones said the enactment of the Conceal and Carry statute will become effective on October 13.  The Missouri Municipal League is in the process of drafting a model ordinance prohibiting the carrying of concealed weapons in public facilities.  This would include the Government Center and parks.  The drafted legislation will be discussed at the next meeting.  Alderman Lembke asked that information be provided to the Ballwin businesses so that if they choose to opt out, they can post a sign in their establishment.

CITY ADMINISTRATOR’S REPORT

Government Center Lower Level Lease

Employee Introduction:  City Administrator Kuntz said that earlier in this meeting he introduced Dan Backowski, GIS Technician, to the Board.  More of Dan’s work will be displayed in the upcoming Public Works budget presentation.  With field assistance, Dan has almost completed the comprehensive inventory of all of the street signs and lights within the City.  The maps that Dan has prepared for this meeting showing the street conditions and improvements are very helpful.  He will be working with all of the departments.  The applications of the GIS technology are endless.

City Administrator Kuntz also introduced Art Levoy, Public Works Superintendent, to the Board.

New Ballwin Road

:  City Administrator Kuntz said that he has received an informal proposal from the West St. Louis County Chamber of Commerce regarding its relocating to the lower level of the Government Center.  Its current lease in Wildwood expires in December, 2003.  If this is an option that the Board wants to pursue with the Chamber or someone else, there is surplus space at this time and a lease would bring in extra income.  Mayor Jones expressed his approval to negotiate with the Chamber to rent the available space in the Government Center.  The Board agreed and authorized City Administrator Kuntz to proceed with negotiations. :  City Administrator Kuntz recommended that Ballwin give up on the plans to upgrade this roadway at this time.  He made this recommendation because an influential stakeholder is adamantly opposed to a compromise and St. Louis County is adamant that it meet certain design standards.  The two positions are inconsistent.  No one else has complained about the congestion.  Alderman McDowell wants to continue working to find a solution to this problem that will benefit the entire community.  Alderman Gatton said that the reason many citizens are not coming to the Board meetings to complain about the congestion is that they are communicating with the Aldermen and they are aware that the Board is working on trying to resolve the problem.  They believe that progress is being made.  The traffic engineers have said that New Ballwin Road needs to be improved to accommodate present and future traffic volume.  Alderman Buermann said he was discouraged to hear the County’s comments about a 4 or 5 lane road.  Previously the residents said they did not want this type of expansion.  Alderman Suozzi said this road can be improved without widening it by creating a safer road.  Alderman Lembke said it doesn’t take a formal traffic study to know that New Ballwin Road is overcrowded and needs improvement.  Mayor Jones said the project should not be abandoned at this time.  The citizens want this roadway improved but not to a 4 or 5 lane road.  The Board instructed City Administrator Kuntz to proceed with the plans as they had been submitted for public review and comment. 
CITY ATTORNEY’S REPORT

None.

ALDERMANIC COMMENTS

Adjourn

A motion was made by Alderman Gatton and seconded by Alderman Buermann to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:05 p.m.
MC

Elmcrest Issues:  Alderman Robinson said there is no update at this time and asked that Director of Parks and Recreation Bruer and City Administrator Kuntz supply the needed information to finalize the issues.  He said there was a certain amount of money authorized to resolve the problem.  City Administrator Kuntz said it was agreed that a fence would be erected and the light shields would be installed.  The free recreational pass was a non-option.  He said that staff needs to know if retaining walls will be used, gates, or other materials.  Alderman Robinson said one owner needs a retaining wall, one owner’s fence crosses the City property line at two points.  The owner wants the line redrawn so that the property with the fence and retaining wall would be given to him.  This will require a new survey and redrawing 2 or 3 property lines.  Preliminary bids for the fence were approximately $4,000 - $5,000 per home.  Now other requests are being added such as removal of fences and shrubbery.  City Administrator Kuntz said this will not be put back on the agenda until all information has been obtained.  Alderman Robinson asked City Administrator Kuntz after the data is obtained, to make a recommendation to the Board regarding what could work to complete this project. 

The Minutes of the September 8, 2003 Public Health & Safety Committee meeting were submitted for approval.  Alderman Buermann corrected the spelling of Busch Stadium.  A motion was made by Alderman Buermann and seconded by Alderman Gatton to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the September 8, 2003 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman McDowell and seconded by Alderman Anderson to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.