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

The Pledge of Allegiance was given. 

The Minutes of the June 23, 2003 Board of Aldermen meeting and closed session were submitted for approval.  A motion was made by Alderman McDowell 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. 

Kathy Craven, 232 Spring Oaks Drive:  Ms. Craven presented a petition signed by several residents requesting a pedestrian crossing signal at Holloway Road and Clear Meadows Drive.  She said the present crosswalk and sign at this location do nothing to halt or slow the traffic on Holloway Road.  She referred to an 11 year old bicyclist who was struck by a motorist while in the crosswalk.  She said that currently there is no safe place to cross Holloway Road to access the North Pointe pool.  She suggested a flashing warning light would help to slow down traffic and a button to change the light to red would insure a safe crossing.  She said that traffic does not stop when anyone is attempting to cross Holloway in the crosswalk.  Some of her neighbors have said that they are afraid they will be rear-ended if they stop. 

Mayor Jones said this situation will be reviewed and discussed at a future Board of Aldermen meeting. 

BILL # 3241 - AN ORDINANCE ACCEPTING CLAYMONT PLACE SUBDIVISION FOR PUBLIC MAINTENANCE AS PROVIDED FOR IN THE CODE OF ORDINANCES OF THE CITY OF BALLWIN. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3241.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3241 was read for the first time. 

A motion was made by Alderman Suozzi and seconded by Alderman Lembke for a second reading of Bill No. 3241.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3241 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3241 with the following results:  Ayes –Suozzi, Robinson, Lembke, Buermann, Gatton, McDowell.  Nays – None.  Whereupon Mayor Jones declared Bill No. 3241 approved and it became Ordinance No. 03-36. 

BILL # 3242 - AN ORDINANCE ACCEPTING THE STREETS COMMONLY KNOWN AS JEFFERSON AND BALLPARK DRIVE FOR PUBLIC MAINTENANCE AS PROVIDED FOR IN THE CODE OF ORDINANCES OF THE CITY OF BALLWIN. 

A motion was made by Alderman Robinson and seconded by Alderman Gatton for a first reading of Bill No. 3242.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3242 was read for the first time.

A motion was made by Alderman Buermann and seconded by Alderman Gatton for a second reading of Bill No. 3242.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3242 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3242 with the following results:  Ayes – Buermann, Robinson, Gatton, McDowell, Lembke, Suozzi.  Nays – None.  Whereupon Mayor Jones declared Bill No. 3242 approved and it became Ordinance No. 03-37. 

BILL # 3243 - AN ORDINANCE SUBMITTING TO THE VOTERS FOR APPROVAL QUESTIONS REGARDING CERTAIN FEE INCREASES WITH RESPECT TO DEVELOPMENTS IN THE CITY OF BALLWIN. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3243.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3243 was read for the first time. 

A motion was made by Alderman Buermann and seconded by Alderman Gatton for a second reading of Bill No. 3243.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3243 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3243 with the following results:  Ayes –Lembke, McDowell, Gatton, Buermann, Suozzi, Robinson.  Nays – None.  Whereupon Mayor Jones declared Bill No. 3243 approved and it became Ordinance No. 03-38. 

BILL # 3244 - AN ORDINANCE ADOPTING AND ESTABLISHING A ZERO TAX RATE FOR REAL PROPERTY IN THE CITY OF BALLWIN FOR THE FISCAL PERIOD BEGINNING JANUARY 1, 2003 AND ENDING DECEMBER 31, 2003. 

A motion was made by Alderman Gatton and seconded by Alderman Buermann for a first reading of Bill No. 3244.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3244 was read for the first time. 

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3244.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3244 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3244 with the following results:  Ayes –Buermann, McDowell, Lembke, Robinson, Suozzi, Gatton.  Nays – None.  Whereupon Mayor Jones declared Bill No. 3244 approved and it became Ordinance No. 03-39. 

BILL # 3245 - AN ORDINANCE SUBMITTING TO THE VOTERS FOR APPROVAL THE QUESTION REGARDING A FEE INCREASE FOR CERTAIN BUSINESS LICENSES, NAMELY GROSS RECEIPTS BUSINESSES IN THE CITY OF BALLWIN. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3245.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3245 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. 3245.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3245 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3245 with the following results:  Ayes – Robinson, McDowell, Gatton, Suozzi, Lembke, Buermann.  Nays – None.  Whereupon Mayor Jones declared Bill No. 3245 approved and it became Ordinance No. 03-40. 

A. Westglen Traffic Calming
B. Copier
C. Shelters
D. Boundary Adjustment
E. No Parking Request
F. Traffic Regulations At North Pointe
G. Policy Manual 

Alderman Gatton asked that since the Westglen Traffic Calming came in substantially under budget, will this mean that additional budget monies will be available for road improvements in Ward 4.  City Administrator this is possible.  He said City Engineer Kramer is finishing the cost estimates of the projects that are completed and a recommendation could be made at the next Board meeting regarding city-wide work.  It would probably be used for slab replacements since this requires the least amount of preparation and it is an annual ongoing expense. 

A motion was made by Alderman Buermann 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. 

S.U.E. Transfer – Oberweis Dairy:  Mayor Jones said a request has been made to transfer the Special Use Exception for the former Dairy Queen location at Holloway and Manchester to Oberweis Dairy.  Mayor Jones said this will be a dairy products store including ice cream, milk, etc. and the seating will be approximately 10 less than the previous Dairy Queen.  The representative from Oberweis said there will be approximately 32 customer seating spaces. 

A motion was made by Alderman McDowell and seconded by Alderman Suozzi to accept the Special Use Exception transfer to Oberweis Dairy.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Planning Commission Appointment:  Mayor Jones said he would like to postpone this appointment pending further input from the Board and conversation with additional candidates. 

NEW BALLWIN ROAD DESIGN:  City Administrator Kuntz said it appears that there is a design conflict because St. Louis County has certain requirements that are contingent upon their participation.  Mayor Jones said that St. Louis County Highways and Traffic has listened to the comments from the residents.  They have insured us that they will respect the City’s wishes in terms of the width of the roadway.  A decision has to be made if this is going to be more of a burden on the residents, churches, schools, and businesses than there are benefits.  Alderman Gatton said most of the objections relate to the placement of medians that obstruct left turns.  He said that if the County and Ballwin jointly move forward with this, the application for funds could be made now for future construction.  That would give sufficient time to tweak the design to meet the needs of the City.  St. Louis County needs to understand that Ballwin does not intend to go beyond the 3-lane design.  He suggested drafting legislation to enable this to move forward. 

Alderman McDowell said that initially when the concept was discussed, St. Louis County said they would partner with Ballwin in the project.  The changes in the plan or tweaking have been so frequent that St. Louis County is saying this is too much.  Alderman Gatton said that St. Louis County is concerned that Ballwin is trying to appease too many people.  Alderman McDowell said this is turning into an 8-year project.  He said it is time to move forward. 

Alderman Gatton said that Holy Infant Catholic Church is concerned about the not enough stacking from southbound New Ballwin Road onto Dennison.  More open center medians would resolve a lot of the objections.  Right now there is no stacking space.  With the new design, there would be stacking space for 6 or 7 vehicles.

Alderman McDowell said the overall goal is to improve the traffic flow and safety on New Ballwin Road.  If better access to a facility vs. safety becomes the issue on New Ballwin Road, then safety should be the top priority. 

City Administrator Kuntz said further discussions will go forward with St. Louis County that Ballwin will give up some of the center medians if they are willing to concede on the 3-lane access, and work together to resolve the Church’s access issues, and move forward on the application for future funding. 

A motion was made by Alderman Gatton and seconded by Alderman McDowell to discuss with St. Louis County Department of Highways and Traffic the issues of center medians and no more than 3-lane access, and to apply for future funding.  A voice vote was taken with a unanimous affirmative vote and the motion was declared passed. 

City Administrator Kuntz said he recommends that the additional compensation for Crawford, Bunte, Brammeier’s work that they did for the City be absorbed by the City. 

A motion was made by Alderman Gatton and seconded by Alderman McDowell to compensate Crawford, Bunte, Brammeier.  A voice vote was taken with a unanimous affirmative vote and the motion was declared passed. 

MULTIPLEX:  City Administrator Kuntz said if legislation or a preference for a use of the property is designated and then a plan that fits it in theory is presented, final approval is more difficult instead of responding to a proposal and having it on the merits of the Planning Commission’s deliberations and then the Board’s actions.  He said being less proactive at this time would be best.  City Attorney Lucchesi agreed.  Mayor Jones said it would be a mistake to amend the Comprehensive Plan regarding this site.  It is already zoned and should wait to see that the market brings.  Alderman Lembke said the residents surrounding the Multiplex property should understand that Ballwin has been approached by the owners and the agent for this property.  They are looking for direction from the City.  The Board of Aldermen needs direction from the citizens.  The Board listened to the residents and did what they asked regarding moving the Ballwin Athletic Association ballfield to that location.  The Board needs to hear back from them again what will be acceptable in this area and what do they envision for this property.  City Attorney Lucchesi said the owners of the property are the ones who have to do this.  They should come up with a proposal. 

ACCESSORY STRUCTURES:  City Administrator Kuntz said Ballwin has been stringent regarding the 10-foot set back for accessory structures from the main building.  The recommendation is that Ballwin use a common sense approach and refer to the Planning Commission for their deliberation.  If they are in agreement, it would come back to the Board for a change in the zoning code.  Alderman Gatton agreed that the code should be adjusted. 

A motion was made by Alderman Gatton and seconded by Alderman Lembke to refer the accessory structure issue to the Planning Commission.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

ELMCREST ISSUES:  City Administrator Kuntz showed the Board photos of properties that abut the rear parking of North Pointe.  A fence should be on the property line.  In some cases, some established vegetation would be eliminated.  Alderman Anderson asked for a cost estimate.  A wood privacy fence could be used or vinyl.  To put of the vinyl fence without retaining walls would cost approximately $60,000.  This is 4 times more than the cost of a wood privacy fence. 

City Administrator Kuntz said that he is not convinced that there is a problem because there have not been any calls reporting trespassing or any other issues since the pool has been open.  Alderman Gatton said the problem issues are a lack of privacy and light pollution.  City Administrator Kuntz said a light shield is being investigated to see if this will solve this issue.  Alderman Robinson said there is one home where the light is immediately behind the backyard.  Without a shield, they can read a newspaper in the backyard at midnight.  City Administrator Kuntz said the light shields can be put up. 

Alderman Gatton asked if the addition of scotch pines would resolve the privacy issue.  City Administrator Kuntz said the one property directly in line with the entrance to the building is the most visually affected.  The swale cannot be disrupted.  Mayor Jones said it needs to be determined if additional landscaping and a uniform fence will take care of these issues.  A lot of the existing vegetation will be lost if a fence is placed on the property line or inside the property line. 

The Board agreed that the light shields should be installed.  The fence and landscaping will be discussed at the next meeting when Alderman Anderson is present. 

Alderman Robinson suggested giving free membership to the North Pointe for these residents for the rest of this year for their inconvenience during the construction.  Alderman Lembke disagreed and said that this will set a precedent that every time there is construction, the City will have to give free membership to something to compensation residents for perceived inconvenience.  Alderman Suozzi said this was not done for any residents surrounding The Point or Vlasis Park.  Alderman McDowell said there is an inconvenience throughout the City when construction is taking place, but to give free membership to the North Point for the remainder of the season is not necessary.  Alderman Robinson said that since the construction was literally in the back yards of the adjacent residents, he thinks they should be thanked for their patience and inconvenience by free membership to the North Pointe for the remainder of the year.  Alderman Robinson said he and Alderman Anderson will prepare a formal proposal regarding this issue and present it to the Board at the next meeting.  In the meantime, the light shields will be installed.  The Board agreed. 

MIDWEST WASTE REQUEST:  City Administrator Kuntz said this should be held over to the next meeting pending further discussion with Midwest Waste.  

None. 

Alderman Gatton requested Board review and discussion of the smoking ordinance.  He said a number of other cities in Missouri, including Chesterfield and Springfield, had implemented smoking bans or restrictions in restaurants, and felt that Ballwin residents could benefit from reducing second-hand smoke in their environment. 

A motion was made by Alderman Gatton and seconded by Alderman Lembke to refer this matter to the Public Health and Safety Committee for review and for the committee to report back to the Board at the September 22 Board meeting.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

A motion was made by Alderman McDowell and seconded by Alderman Robinson to adjourn to closed session to discuss real estate and litigation.  A roll call was taken with the following results:  Ayes – McDowell, Suozzi, Robinson, Buermann, Lembke, Gatton.  Nays – None.  The motion passed unanimously and the meeting was adjourned to closed session at 8:00 p.m. 

While in closed session the Board discussed the Ballwin Athletic Association purchase proposal.  After discussion, a motion was made by Alderman Gatton and seconded by Alderman Robinson to retain city ownership of this parcel.  A roll call vote was taken with a unanimous affirmative result and the motion was declared passed. 

City Attorney Lucchesi then summarized the status of the Yarger lawsuit regarding the Community Center roof.  The City was given authorization to negotiate a settlement if possible. 

The Board of Aldermen reconvened into open session at 8:25 p.m.  A motion was made by Alderman Gatton and seconded by Alderman Buermann to adjourn.  The motion passed unanimously and the open session adjourned at 8:26 p.m.

MC